Health Law Matters

The Latest Hemp Laws State-by-State: July 2019

Hemp field close up

One state established a hemp growth program, one governor vetoed legislation expanding his state’s hemp program, and agencies in five states announced hemp policies or regulations. One county prosecutor announced CBD is illegal in his state. One city passed a one-year moratorium on new CBD businesses. Below is a review of the latest hemp legal changes listed state-by-state.


The Tallapoosa County District Attorney announced that it is illegal to manufacture, distribute, sell, or possess hemp-derived CBD products with a narrow exception for those with certain debilitating conditions.


The City of Delray Beach passed an ordinance prohibiting new businesses from selling CBD as their primary product for one year. Companies currently selling CBD are unaffected by the ban.


Governor David Ige vetoed legislation that required the establishment of a permanent hemp program and removed hemp from the state’s controlled substances list.


The Iowa attorney general released a statement stating hemp-derived CBD will be considered marijuana and a Schedule I controlled substance until the U.S.Department of Agriculture (USDA) approves Iowa’s state hemp plan. Even after receiving USDA approval, hemp-derived CBD may not be added to foods or marketed as a dietary supplement under U.S. Food and Drug Administration (FDA) guidance. The Iowa Alcoholic Beverages Division also issued a regulatory bulletin indicating CBD may not be added to alcoholic beverages.


Louisiana’s Office of Alcohol and Tobacco Control issued emergency rules requiring retailers and wholesalers to register each location where they sell hemp-derived CBD. Louisiana’s Department of Health issued emergency rules governing product registration and labeling.


Maine’s Department of Agriculture, Conservation and Forestry released guidelines that require labeling CBD food products and restaurant menus with certain information. The guidelines require CBD to be extracted or derived from hemp grown under Maine’s hemp program and prevent the importation of CBD food products from other states. The Office of the Attorney General opined a new law that takes effect September 19, 2019, may eliminate these restrictions.


The New Hampshire Department of Health and Human Services stated, “CBD is not a permitted additive in the state.” The New Hampshire Liquor Commission also issued guidance CBD may not be added to alcoholic beverages.


New Mexico’s Environment Department issued emergency rules outlining requirements for the transportation, processing, storage, and labeling of hemp and hemp products.


Governor Mike DeWine signed Senate Bill 57 into law, establishing Ohio as the 47th state to authorize a hemp program. The new law explicitly permits the retail sale, purchasing, and possession of hemp-derived CBD products.

This article was originally published as a Frost Brown Todd Legal Update, view the original here: The Latest Hemp Laws State-by-State: July 2019

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Brian F. Higgins is an associate in FBT's regulated business group with a focus on health care, and he has a history as corporate counsel to Medpace, Inc., a pharmaceutical clinical research organization.