The fate of THC seltzers, gummies and other consumable hemp products in Louisiana remains up in the air, as the House advanced a proposal Tuesday to further regulate the industry and the Senate advanced another on Monday that would ban it altogether.
The House passed 75-23 House Bill 952 by Rep. Dustin Miller, an Opelousas Democrat, that would keep consumable hemp products legal, but tighten regulations on them.
The bill would only allow one serving per container for THC beverages, at the current maximum of 8 milligrams of THC. Currently, some products are being sold in larger containers with 100 milligrams, intended for multiple servings.
The proposal would also have retail locations move THC products, except for seltzers, behind the counter, similar to how tobacco products are sold. It also sets the age for buying any of these products at 21.
The bill requires manufacturers to test every batch of consumable hemp products. And it gives the state Office of Alcohol and Tobacco Control commissioner the power to ban a manufacturer from creating consumable hemp products on their first violation of the law, if that violation is found to be “egregious,” Miller said.
Miller’s bill has the support of many in the consumable hemp industry, who of course prefer it to a total ban on the products.
“At the end of the day, they don’t want to have to come here every year fighting to keep this going,” he said. “They would like some stability so that they can move on and focus on producing their products and running their business.”
Miller’s bill outlaws consumable hemp products made from flower, a decision he said he made because there were “bad actors” adding sprays to it that could get people high.
Rep. C. Travis Johnson, a Vidalia Democrat, attempted to amend the bill to keep consumable hemp products made from hemp flower legal. He said it’s legal in neighboring states and that making it illegal would put Louisiana businesses at a disadvantage. That amendment failed.
Rep. Laurie Schlegel, a Metairie Republican, made an amendment to have the bill ban the products altogether, like another proposal that moved through the Senate. It failed 40-56.
Miller’s measure found support in a seemingly unlikely ally, Rep. Danny McCormick, an Oil City Republican, who took the chamber on a rollercoaster of emotions in his comments on the House floor.
McCormick said he doesn’t take recreational drugs and quit drinking because he was “too good at it,” noting he doesn’t allow alcohol on his property. But he also said the legislature couldn’t legislate morality and change human behavior.
“If I was going to come here and make a law to change human behavior, I would make a law that everybody had to get saved and go to heaven,” he said.
At the end of the day, he said, alcohol is legal, despite the problems of drunk driving, alcoholism and violence committed while people are drinking, so consumable hemp products should be too.
“Are we really going to come in this room and we’re going to pass a law to make this illegal instead of regulating it, and then we’re going to all walk across the street and drink alcohol?” he asked.
On Monday, the Senate easily passed Senate Bill 237 by Sen. Thomas Pressly, a Shreveport Republican, that would ban consumable hemp products outright.
On the Senate floor, Pressly changed his tune from a committee meeting in March, when he said that although he supports a full ban on the products, he expected to work with stakeholders to change the bill and work out a compromise.
“I think the right spot is somewhere between this bill which completely outlaws it, and where we are currently where it's free market galore,” he said then.
But on Monday, the full Senate advanced the ban 27-9 without any debate. In what would be his opening and closing statements on the bill, he referenced the laws the legislature passed that created the consumable hemp industry in the state and updated requirements in recent years.
“I believe that’s wrong. I believe you agree with me, and I move favorable passage,” he said, with a smile.
That vote was mostly among party lines, with Republicans voting for it and Democrats voting against it. However, both Sen. Royce Duplessis, a New Orleans Democrat, and Sen. Cleo Fields, a Baton Rouge Democrat, voted for the proposal, and Sen. Jean-Paul Coussan, a Lafayette Republican, voted against it.
The future of THC seltzers, gummies and other consumable hemp products in Louisiana is up in the air.
