The federal spending bill signed into law this week will effectively ban all hemp-derived consumer products containing the psychoactive ingredient THC.
Public health officials applaud the new law, but critics say it will kneecap the hemp industry valued at $28 million in the U.S.
Hemp is the part of the cannabis plant that was federally legalized for industrial uses under the 2018 Farm Bill. But the law didn’t clearly define how much THC could be in products such as gummies, drinks and vapes.
In a statement, Maine public health officials said these products mirror the effects of marijuana but are not subject to the same regulations.
“In recent years we’ve seen an explosion in unregulated, intoxicating hemp products across Maine," said the coalition which included The Maine Public Health Association, Maine Medical Association, Maine Chapter of the American Academy of Pediatrics, and Maine Osteopathic Association.
"Due to the lack of oversight, it’s been too easy for young people to get their hands on them, and since they've been sold alongside non-intoxicating products, adults sometimes don't even realize the drink they're buying at the gas station isn't a harmless seltzer, but actually an intoxicating beverage."
Patty Locuratolo Hymanson is a physician and former Maine lawmaker. She says the regulation will help save lives but acknowledges that it could hurt some small businesses.
Earlier this year, she served on a state working group that was looking into regulating the products with age limits and requiring packaging that better disclosed the THC content.
"I would weigh the scale in favor of the public health benefit for sure. But I have to speak for the industry, many of whom I met, who I know will be hurt by this," she said.
Bissell Brothers Brewing in Portland makes a THC-infused seltzer with five milligrams of the psychoactive compound THC. But because the new law limits products from having more than .4 milligrams, the drink will be discontinued.
Lucy Hansen is creative director for the brewery.
“We totally understand that this is the type of product that, like alcohol, should require some sort of regulation… but it was just something unique that we were able to do, and we knew that if we tried it, we'd do it well," she said. "It was a surprise to see this language be included and not really have the opportunity that we hoped we'd have.”
Hansen says while Bissell Brothers can rely on other products to survive the change, small hemp farming operations in Maine could loose most of their revenue.
The law will officially be in effect next year.
