Cutting Through the Hemp Haze: Arkansas Lawmakers File Multiple Bills Legalizing THC

Marijuana, , , ,

Recently news outlets around the country have highlighted ways that different states are pushing back against dangerous drugs made from industrial hemp. However, proposals at the Arkansas capitol would actually protect these drugs under state law.

In 2018, Congress passed the federal Agriculture Improvement Act legalizing industrial hemp in America.

“Industrial hemp” refers to varieties of the cannabis sativa plant that are low in THC.

The goal was to make it possible for farmers to grow hemp that could be used for textiles like rope or cloth. But manufacturers found a way to extract and refine the THC in industrial hemp. Doing this on a commercial scale means they can produce a lot of THC to infuse into drinks, candies, and other products marketed as “federally legal THC” made from industrial hemp.

But the truth is that “federally legal THC” exists in a legally gray area. When Congress legalized industrial hemp in 2018, most people probably did not anticipate it leading to THC gummies for sale.

The U.S. Food and Drug Administration has said that federal law actually prohibits the addition of hemp-derived THC in food products.

Now a number of states are pushing back against THC and other drugs made from hemp.

For example, the Massachusetts Department of Health has prohibited the sale of food or drinks containing THC made from hemp.

Last year lawmakers in South Dakota passed a law prohibiting the sale of products containing THC made from hemp. That law has been challenged in court, but the federal judge presiding over the case has let the state continue enforcing the law, noting that the lawsuit does not demonstrate “a likelihood of success.”

California has continued to enforce executive rules prohibiting food and drinks that contain THC made from industrial hemp.

Public officials in Wisconsin are expressing serious public safety concerns over how THC in drinks can impair drivers.

And city council members in Albuquerque, New Mexico, are considering an ordinance to prohibit THC products made from hemp.

The Situation in Arkansas

In 2023, Arkansas passed Act 629 by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould). This good law prohibits THC made from industrial hemp, and it contains a regulatory framework for hemp products if it is struck down in court. Act 629 has been tied up in federal court for quite some time, but attorneys expect a ruling in the case very soon.

While some states move to protect people from hemp-derived THC, several proposals in Arkansas would legalize THC made from hemp all over the state.

H.B. 1722 by Rep. Jeremiah Moore (R — Clarendon) would repeal Act 629 and legalize THC made from hemp — including e-cigarettes, food, drinks, and other products containing THC.

H.B. 1722 would give wealthy companies a way to grow, manufacture, and sell dangerous drugs in Arkansas. The bill’s regulatory framework simply won’t protect kids from these drugs.

If H.B. 1722 passes, dangerous drugs made from cannabis will be fully legal for anyone over age 21 and available all over Arkansas.

S.B. 455 is a similar bill by Sen. Joshua Bryant (R — Rogers). It would legalize THC made from hemp if Act 629 is struck down. Under this bill, food, drinks, and similar products containing as much as 50mg of THC and other intoxicating cannabinoids could be sold in Arkansas.

And H.B. 1578 by Rep. Aaron Pilkington (R — Knoxville) would legalize drinks containing THC made from hemp in Arkansas.

In other states, non-alcoholic seltzer drinks with as much THC as recreational marijuana products have raised serious public health and safety concerns. H.B. 1578 would legalize these intoxicating, THC-infused drinks in Arkansas.

The Bottom Line

The marijuana industry did not get its way at the polls last year. Now powerful interests are working to legalize forms of recreational marijuana in Arkansas.

Lawmakers could take steps to restrict and prohibit drugs made from hemp just like other states are doing. These bills take Arkansas the wrong direction by legalizing drugs instead.

There is still time for Arkansans to ask their state representatives and state senators to oppose H.B. 1722, H.B. 1578, and S.B. 455 legalizing THC made from hemp.

Voters can leave messages for their state senators by calling 501-682-2902, and voters can leave messages for their state representatives by calling 501-682-6211.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

READ MORE

House Committee Rejects Bad Bill Legalizing Drugs Made From Industrial Hemp

Marijuana, ,

On Wednesday the House Rules Committee rejected a bad bill that would legalize drugs made from industrial hemp in Arkansas.

In 2018 congress passed the federal Agriculture Improvement Act legalizing industrial hemp in America. “Industrial hemp” refers to varieties of the cannabis plant that are low in tetrahydrocannabinol — or THC — the main psychoactive substance in marijuana.

However, manufacturers have developed ways to extract and refine the THC in industrial hemp on a commercial scale — meaning they can produce a lot of THC to infuse into drinks, gummies, and other products made from industrial hemp.

In response, states have begun pushing back against THC products made from hemp.

Last year officials in Minnesota issued a public health warning about “high-dose hemp-derived products.”

Texas lawmakers reportedly filed legislation to ban THC statewide.

And last fall the California Department of Public Health published emergency rules prohibiting hemp products that “contain a detectable level of THC or other intoxicating cannabinoids.”

Arkansas has taken steps to restrict and prohibit these drugs as well. In 2023, state lawmakers passed Act 629 by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould). This good law prohibits THC made from industrial hemp, and it contains a regulatory framework for restricting hemp products if the ban were blocked in court. The law has been tied up in federal court, but we expect a decision in the case soon.

H.B. 1722 by Rep. Jeremiah Moore (R — Clarendon) would effectively repeal Act 629 of 2023 and legalize hemp-derived products containing THC in Arkansas — including THC vapes and other THC products made from industrial hemp. The bill was presented at the House Rules Committee meeting on Wednesday. After lengthy testimony and discussion, H.B. 1722 failed to pass.

The marijuana industry did not get its way with the ballot initiative process last year. Now powerful interests want to legalize a form of recreational marijuana at the Arkansas Legislature.

H.B. 1722 would give wealthy companies a way to manufacture and sell THC and other dangerous drugs made from hemp. The bill’s regulatory framework simply won’t protect kids from being exposed to these drugs.

Policymakers could take steps to restrict drugs in Arkansas. H.B. 1722 takes Arkansas the wrong direction by legalizing these drugs instead. Fortunately, the House Rules Committee understood that and rejected this deeply flawed measure.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

READ MORE

Marijuana Bust Shows Legalization Hasn’t Killed California’s Black Market

Marijuana,

Authorities in California recently busted yet another industrial-scale marijuana operation.

Contrary to popular belief, legalization of marijuana has actually emboldened drug cartels. Marijuana is legal in California, but last year the state’s Unified Cannabis Enforcement Task Force seized 154,000 pounds of illegal marijuana intended for sale on the black market.

KTVU reports that last week California Highway Patrol investigators executed a search warrant at an Oakland warehouse, where they found 25,276 illegal marijuana plants along with firearms and illicit pesticides. Authorities reportedly are concerned about possible links to organized crime and indicated that illegal marijuana operations like this one may be tied to “Chinese money-laundering for Mexican cartels.”

Instead of weakening the black market, legalization appears to have made it easier for illicit marijuana to go unnoticed in states like California.

Chinese organized crime is dominating black market marijuana in many parts of the country. The U.S. Department of Justice says Chinese drug cartels may be making millions of dollars from illegal marijuana in states like Maine, New York, Massachusetts, and elsewhere.

Illegal marijuana operations often are linked to labor trafficking and violent crime — contributing to what some have dubbed “modern day slavery on American soil.”

And CNN reports that “illegal pot production . . . provides a glimpse of a hidden world – one that mirrors a trend playing out not only in California, but in states such as Oklahoma, Oregon, New Mexico and Maine: groups of people with apparent ties to foreign countries – most notably China – producing weed in colossal volumes.”

All of this is very concerning in light of the fact that multiple proposals at the Arkansas legislature would weaken the state’s drug laws.

H.B. 1722 by Rep. Jeremiah Moore (R — Clarendon) would effectively repeal Act 629 of 2023. This bad bill would legalize products containing THC made from industrial hemp — that is, cannabis plants that are supposed to be low in THC. THC is the primary psychoactive ingredient in marijuana. Many states are looking for ways to restrict or prohibit THC products. This bill would legalize these products in Arkansas.

H.B. 1578 by Rep. Aaron Pilkington (R — Knoxville) would legalize drinks containing THC made from industrial hemp. The bill sets age restrictions, licensing requirements, and manufacturing guidelines for these drinks, but it does not clearly restrict the amount of THC a hemp-derived drink could contain.

Legalizing drugs — whether it’s marijuana itself or THC extracted from cannabis — has not worked as intended in places like California. Arkansas should think twice before making the same mistake these states have made.

READ MORE