Were we scammed? – Louisiana lawmakers legalized hemp, little did they know that some THC products also contained it

During a Senate Agriculture Committee hearing on April 18, Louisiana state Senators Jay Morris and Stewart Cathey noted that there are no plans to legalize hemp products containing THC. According to The Daily Advertiser, Cathey explained during the meeting that the legislature inadvertently set up a recreational THC market in Louisiana in the previous session. He added that they had no intention of allowing an unregulated psychoactive drug market to be flooded statewide.

Senate Bill 219

On April 10, Cathey presented Senate Bill 219, which was first discussed during the April 18 session. The bill proposes to amend the state law that allows a maximum of 8 mg of THC in a hemp product. Instead, she suggests lowering the limit to 2 mg THC.

Morris explained that the intention to legalize recreational THC should be transparent and open, which was not the case before. He added that lawmakers had been informed that psychoactive substances were not allowed. The committee approved the bill, which will now go to the Senate after the April 18 hearing.

As Cathey and Morris seek to change existing state law, attorneys and business owners spoke about the adverse consequences that changing the law can bring.

Jason Garsee, President of the Gulf South Hemp Association and owner of Str8W8 Cannabis, spoke about how changing the existing law would adversely affect his business. Garsee mentioned that the bill would completely destroy the industry and, as a result, leave people in their cities, states and counties unemployed. He expressed that this would result in a significant loss of his investment and negatively affect his business.

John Ford Lafayette, President of Black Farmers Hemp, expressed similar concerns, stating that it made no sense and that they were trying to build an industry. Casey White, the owner of Pippi’s Purpose, stated that they invested all their savings in opening their storefronts. Blaine Jennings, the owner of Virgin Hemp Farms, called the bill a direct attack on thousands of business owners in the fast-growing industry.

House bill 605

House Bill 605 was also recently introduced by Louisiana House Speaker Clay Schexnayder to amend the existing hemp law. But on a different scale than Cathey’s suggestion. Since state legalization in 2018, Schexnayder has introduced four hemp-related bills.

Schexnayder accused the Louisiana Department of Health and Human Services of mishandling implementation of the hemp laws in March, saying the lawmakers’ intentions were clear.

The Louisiana Legislative Auditor released the results of its audit of the Louisiana Department of Health and Human Services on April 10. The Oversight of Consumable Hemp Products report revealed that of the 2,564 registered DOH-approved consumable hemp products, 36 were banned. Additionally, 198 edibles exceeded the 8 mg THC limit, and several other examples demonstrated non-compliance with state laws.

Louisiana’s medical cannabis sector is thriving, but recreational cannabis remains illegal. However, cannabis flower sales began in January 2022.

Gary Chambers, a candidate for the Louisiana Senate, spoke in a January 2022 campaign video about the failed War on Drugs and its disproportionate impact on people of color while smoking a blunt. In the video, he cited statistics that indicated someone was arrested for marijuana every 37 seconds. Since 2010, state and local police have arrested more than 7.3 million Americans for violating marijuana laws, accounting for more than half of all drug-related arrests.

In his campaign video, Gary Chambers highlighted racial disparities in marijuana-related arrests, stating that black people are four times more likely to be arrested for such offenses than their white counterparts. He also pointed out that states spend $3.7 billion annually enforcing marijuana laws and that most people targeted by law enforcement are not dealers but people who handle small amounts of marijuana get caught, much like himself.

Legalization of cannabis in Louisiana

Despite lawmakers’ reluctance to legalize recreational cannabis, Louisiana has already established a medicinal cannabis program. In addition, opinion polls show that many voters in Louisiana support the legalization of recreational cannabis.

According to a poll conducted last year by the University of New Orleans Research Center, 58% of registered voters in Louisiana favor legalizing recreational marijuana. Meanwhile, 30% of respondents were against and 12% had no clear stance.

In recent years, support for legalizing cannabis in Louisiana has increased. According to UN polls, by 2021 most registered voters opposed legalization. However, the trend changed, 54% opposed in 2020, but just a year later 55% supported it.

A 2021 poll conducted by JMC Analytics found that nine districts, mostly in southern Louisiana, where Trump had strong support, had significant support for cannabis legalization. Marrero Democrat Representative Kyle Green says JMC Analytics’ 2021 poll is consistent with what he’s observed in his district. Green has already introduced a legalization bill and has noted that even some of his Trump-supporting Republican constituents support legalization and use cannabis themselves.

However, public support for a policy does not guarantee that it will be easy to adopt.

Diploma

The debate over the legalization of hemp products containing THC in Louisiana is currently ongoing, with advocates and entrepreneurs speaking out about the potential adverse consequences of changing the existing state law. On the one hand, state senators Jay Morris and Stewart Cathey are proposing to lower the THC limit in hemp products from 8 mg to 2 mg, citing their concerns about the inadvertent creation of a recreational THC market in Louisiana. On the other hand, advocates and entrepreneurs are concerned about the impact this could have on their businesses and the industry.

The introduction of House Bill 605 by Louisiana House Speaker Clay Schexnayder, which aims to amend the existing hemp law, adds further complexity to this debate. The recent review by the Louisiana Legislative Auditor of the Louisiana Department of Health underscores the need for clarity and transparency in the implementation of hemp laws.

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