Louisiana’s burgeoning hemp industry is locked in a legal battle with the state over a new law that has drawn ire from local businesses and farmers. Act 752, enacted in June, has come under fire for tightening THC limits in consumable hemp products, which industry stakeholders argue directly contradicts federal standards.
The Hemp Association of Louisiana and Cypress Hemp LLC have filed a federal lawsuit against Governor Jeff Landry, Attorney General Liz Murrill, and Baton Rouge District Attorney Hillar Moore III, alleging that Act 752 unfairly recriminalizes a range of hemp-derived products previously considered legal under both state and federal law.
The core of the dispute lies in how the law redefines ‘industrial hemp’ based on total THC content rather than solely delta-9 THC, the psychoactive compound in cannabis. Plaintiffs argue this redefinition throws a wrench in the established legal landscape, creating confusion and potentially criminalizing businesses and individuals who have been operating within the boundaries of federal law.
“This law impermissibly narrows the definition of hemp to recriminalize the possession, manufacturing, transportation, and shipment of certain popular hemp-derived cannabinoid products,” states the lawsuit, according to Law360 via Green Market Report. The lawsuit seeks to have Act 752 declared unconstitutional on several grounds, including violations of the Supremacy Clause, the Commerce Clause, and due process rights. It also criticizes the law’s vague language, arguing that it fails to clearly define which products are prohibited.
The legal fight is intensifying with the plaintiffs requesting a temporary restraining order or preliminary injunction to halt enforcement of the law. The outcome of this case will have significant implications for the hemp industry in Louisiana, potentially impacting thousands of jobs and turning farmers, business owners, and consumers into criminals overnight.
Louisiana’s predicament echoes a broader national trend of states tightening regulations on hemp-derived products. Similar legal challenges have emerged in other states like South Dakota, where a federal judge recently blocked the enforcement of a ban on smokable hemp products. California and New Jersey have also upheld strict controls on substances like delta-8 THC, significantly impacting businesses statewide.
Tennessee and Utah are advancing legislation to limit psychoactive hemp products, prompting legal challenges from industry groups. These developments underscore the growing legal complexities facing the hemp industry nationwide, as states grapple with navigating the evolving regulatory landscape for hemp-derived products.
