One Helluva Year: State Hemp Laws in 2023

One Helluva Year: State Hemp Laws in 2023

Most of us probably don’t have to deal with sudden changes in hemp laws concerning products like D8 and D9, but this year has been a doozy. Although hemp-derived cannabinoids have been technically legal since the 2018 Farm Bill, it hasn’t stopped states from clamping down with their own laws regarding what can be sold. And for business operators in those states, it can be hell.

It’s not surprising. Every few weeks you hear about some kid that got into their parent’s gummies. And that issue falls on all of our shoulders as a society, just like hunger, guns, and social safety in general. We get that. What we don’t always agree on is that knee-jerk reaction to a gripping news story. Some people flip out. And many of those people are legislators who believe in scorched earth. 

We don’t want to get into politics – it’s not our style – but we HIGHLY recommend looking up the state representatives pushing these bans and at least let them know how you feel about them. Some of you customers are already affected by our having to shut down sales or shipping of some products, others may be affected in the near future as we consult and make changes per our legal counsel.

Here’s just a few of the year’s updates so far: 

Indiana - The Indiana Attorney General named D8 a Schedule 1 controlled substance and issued a criminal warning of sorts. Some counties are individually undertaking enforcement measures, but it’s inconsistent and unpredictable at this point. Banned products include D8, D10, THC-P, THC-O and others.

Arkansas - D8 was made illegal the week before 4/20. (UPDATE: We are, as of the blocked ban ruling Sept 7, allowing sales there for the time being).

Minnesota - Although summer legalization just went through, it hamstrung the current industry within the state. Along with the synthetics banned prior (THC-O, P), HHC is now too, and edibles companies have to adhere to new THC limits (50mg-package limit, 5mg maximum per gummy). 

New York - In the state where D8, D10, and synthetics are already banned, recent regulations have been approved and may become law within months. To say they are somewhat ignorant and insane is by mere observation; edibles would require a 15:1 CBD:THC ratio. And if that doesn’t sound stupid enough, the law states that no more than 10mg THC is allowed per package and 1mg per serving. You might as well buy peanuts. Not sure if they’re actively trying to push people back to the black market, but we as a company feel that it will be the inevitable result. 

Virginia - The state took a straight edge, hard line stance on anything related to THC. Edibles are limited to 2mg THC per package, with 25:1 CBD:THC ratio. In other words, good luck. Hope you like HHC!

North Carolina - Some politicians are trying to get rid of D8 altogether. 

In addition - The DEA formally acknowledged that THC-O is considered a non-hemp synthetic and therefore not legal (although you may find it lurking out there still, as industry confusion abounds).

Here at ValuSesh we try to stay compliant even with all the laws concerning specific cannabinoids. Although not always popular to be the quiet, chill company, we put our heads down and strive for good products and 100% compliance so that we, and you, our consumers, are always protected and doing things by the book. Even if we disagree.

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