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Transportation of Hemp-Derived Products Getting More Complicated

In the 2018 Farm Bill, Congress defined “hemp” and removed it from the definition of marijuana (still an illegal controlled substance at the federal level), which provided more structure and certainty with respect to the legal cultivation and shipment of hemp products. Legal hemp was defined as having a delta-9 THC concentration of not more than 0.3 percent. This spurred a wide variety of hemp-derived consumer products including drinks or edibles that manufacturers claim are legal. However, manufacturers often utilize processes to enhance the concentration of THC variants not addressed by the Farm Bill, such as delta-8 or delta-10 THC, in their products to provide a similarly intoxicating effect. States are stepping into the void to address products containing these THC variants out of public health concerns, with some indicating products with total THC over 0.3 percent are controlled substances under state law, and some banning products with delta-8 or delta-10 THC variants outright. While carriers transporting these products are not frequently targeted, carriers should be aware that in some states, these hemp-derived consumer products may be viewed as controlled substances and mere possession is illegal.

The Transportation Brief®

A quarterly newsletter of legal news for the clients and friends of Scopelitis, Garvin, Light, Hanson & Feary

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

Transportation of Hemp-Derived Products Getting More Complicated

In the 2018 Farm Bill, Congress defined “hemp” and removed it from the definition of marijuana (still an illegal controlled substance at the federal level), which provided more structure and certainty with respect to the legal cultivation and shipment of hemp products. Legal hemp was defined as having a delta-9 THC concentration of not more than 0.3 percent. This spurred a wide variety of hemp-derived consumer products including drinks or edibles that manufacturers claim are legal. However, manufacturers often utilize processes to enhance the concentration of THC variants not addressed by the Farm Bill, such as delta-8 or delta-10 THC, in their products to provide a similarly intoxicating effect. States are stepping into the void to address products containing these THC variants out of public health concerns, with some indicating products with total THC over 0.3 percent are controlled substances under state law, and some banning products with delta-8 or delta-10 THC variants outright. While carriers transporting these products are not frequently targeted, carriers should be aware that in some states, these hemp-derived consumer products may be viewed as controlled substances and mere possession is illegal.

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.