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The hemp industry took a step forward as one state expanded its hemp program and one non-hemp program state created a hemp task force. On the other hand, the Department of Defense has announced a ban on service members using hemp-derived CBD products; one state passed a CBD excise tax; one state killed a favorable hemp bill; a governor published an anti-hemp op-ed; and a state agency announced hemp may not be sold in foods or dietary supplements. Below is a review of the latest hemp legal changes listed state-by-state.

CALIFORNIA

Californiaโ€™s Senate Appropriations Committee has held Assembly Bill 228, effectively killing the bill for the remainder of the session. AB 228 would have explicitly permitted the retail sale of hemp-derived CBD as a food, dietary supplement, and topical product. The bill had unanimously passed the California Assembly, Senate Health Committee, and Senate Business and Professions Committee.

LOUISIANA

Louisiana has authorized a 3% excise tax for hemp-derived CBD products beginning in 2020.

MISSISSIPPI

Mississippi has created a Hemp Cultivation Task Force to study the hemp industryโ€™s potential in Mississippi. This could be an important step toward making Mississippi the 48th state with a hemp program.

NEVADA

Nevada passed two bills expanding and improving its hemp program. Notably, the retail sale of hemp-derived CBD will be explicitly authorized in July 2020 for products meeting testing and labeling requirements.

SOUTH CAROLINA

The South Carolina Department of Agriculture issued a guide stating it is unlawful to sell food or dietary supplements containing hemp-derived CBD, apparently relying on the FDAโ€™s guidance.

SOUTH DAKOTA

Governor Kristi Noem published an op-ed in the Argus Leader arguing that โ€œ[l]egalizing industrial hemp legalizes marijuana by defaultโ€ and is a step backward, casting further doubt on hemp-derived CBDโ€™s future in the Mount Rushmore State.