Bill
SB 499
Defines hemp by total THC (including THCA) ≤0.3% and excludes hemp-derived products with non-natural or synthesized cannabinoids or those with THC, tightening market access.
Status: Introduced February 19, 2025 — fiscal estimate received
Purpose
- Amend statutory definitions to change what qualifies as “hemp” (and what does not), thereby clarifying which Cannabis sativa L. plants and products are excluded from the state’s definition of tetrahydrocannabinol (THC) and from Controlled Substances Act coverage.
Key provisions (substantive)
- New primary standard for hemp: “Hemp” is defined as Cannabis sativa L. (any part of the plant) with a total tetrahydrocannabinol concentration — explicitly including tetrahydrocannabinolic acid (THCA) — of not more than 0.3% in the plant on a dry weight basis.
- The bill measures “total THC” (i.e., THCA + delta‑9 THC after appropriate conversion), not just delta‑9 THC.
- Retains explicit exclusion for FDA‑approved prescription drug products.
- Adds specific exclusions from the hemp definition:
- Viable cannabis seeds that would produce plants exceeding the 0.3% total THC threshold.
- “Hemp‑derived cannabinoid products” that:
- Contain cannabinoids that are not naturally producible by a cannabis plant;
- Contain cannabinoids that are naturally producible by cannabis but were synthesized or manufactured outside the plant;
- Contain a quantifiable amount of THC (including THCA) or another cannabinoid that has similar effects (or is marketed to have similar effects) on humans or animals as THC.
- Defines “hemp‑derived cannabinoid product” as any intermediate or final product derived from hemp (other than “industrial hemp”) that contains cannabinoids and is intended for human or animal use by inhalation, ingestion, topical application, etc.
- Defines “industrial hemp” (retained within hemp) to include hemp grown for:
- Stalk/fiber and non‑cannabinoid derivatives of the stalk;
- Whole grain, oil, cake, nut, hull, and non‑cannabinoid seed products;
- Microgreens or other edible hemp leaf products from immature, low‑THC plants;
- Plants used solely for research at higher‑ed or independent institutes that do not enter commerce;
- Seed grown solely to produce viable seed for the above uses.
Who or what is affected
- Hemp growers, seed producers and breeders: new total‑THC standard (including THCA) and the explicit exclusion of high‑THC seed could affect which plants qualify as hemp vs. controlled cannabis.
- Processors, manufacturers and retailers of cannabinoid products: products containing synthetic or non‑naturally occurring cannabinoids, or synthesized cannabinoids produced outside the plant, would not qualify as “hemp” and thus could be treated differently under controlled substances and product regulation.
- Laboratories and testing programs: testing protocols must measure/ report total THC including THCA (post‑conversion), on a dry‑weight basis; enforcement and compliance testing procedures may need updating.
- Law enforcement and regulators: clearer statutory distinctions between hemp, industrial hemp, and excluded cannabinoid products; potential increase in enforcement/administrative determinations.
- Consumers: certain cannabinoid products currently marketed (e.g., some “delta‑8” or synthetic cannabinoid formulations) may no longer be covered by the hemp exclusion and could be restricted or regulated differently.
Procedural / timeline notes
- Bill introduced Feb 19, 2025; fiscal estimate has been received (details referenced in bill appendix).
- The text appears to amend the state’s agricultural/cannabis statutes (e.g., statute section cited as 94.55 in the provided draft).
- No explicit effective date stated in the excerpt; if not specified in final enactment, standard statutory rules for effective dates will apply.
Potential impacts (policy and regulatory)
- Tightens the hemp exemption by (1) using a total‑THC (including THCA) measure and (2) expressly excluding many synthetically produced or non‑plant cannabinoids and certain high‑THC seeds — likely narrowing market access for some cannabinoid products that rely on legal hemp carve‑outs.
- May increase compliance costs for growers (strain selection, testing, remediations), processors (product formulation), and testing labs (method validation for total THC).
- Could reduce availability of some hemp‑derived consumer products and shift enforcement priorities toward products containing synthesized or novel cannabinoids.
Notes / caveats
- The bill’s text and associated fiscal/legal analyses should be consulted for implementation details (testing methods, regulatory follow‑up, penalties, and interactions with federal law). The bill preserves the exception for FDA‑approved prescription cannabinoid drugs.
Compiled from official sources — confirm details with the bill’s official record.
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