- HB 1502 is in response to testing which showed hemp products being sold in the state exceeded THC limits.
A bill that will require testing of hemp products intended for human consumption has passed in the Mississippi House of Representatives. The measure looks to ensure such products meet THC limits.
State Rep. Lee Yancey (R) brought HB 1502 to the floor Tuesday afternoon, describing it as a response to recent testing where it was determined that some products being sold in convenience stores and gas stations across the state as having higher THC levels higher than products offered at medical cannabis dispensaries.
Last year, products were purchased and tested in the areas of Flowood and Ridgeland. Yancey said many of the products tested were labeled as having low amounts of THC but instead were found to have higher levels of THC than advertised.
“One of our testing centers tested those products and every single product had more THC than is allowable in the medical cannabis program, right there in the gas station,” Yancey described. “All I’m asking is let’s test it, let’s test it.”
The bill aims to ensure that hemp products have 0.3 percent or less of THC through testing. It also includes penalties if the products are too high in THC content.
The only exception would be drinks that have THC, with the legislation allowing for up to five milligrams of THC per 12-ounce container, which equals the same 0.3 percent THC level in other allowable products.
Testing centers that would be used in this process are already in place, having been established in 2022 as part of the medical cannabis program. Those centers are regulated by the Department of Health, Yancey added.
Other products prohibited under the bill include products containing Delta 8 and 10, which are synthetic forms of THC. Any testing under this bill will look for THC, not CBD.
If passed, the legislation would put regulations on an industry that is not being regulated in Mississippi, Yancey told the House.
The expenses incurred for testing would be covered by the manufacturer, not the distributor. However, Rep. Yancey said there is a risk of the cost being passed on to the distributor. Typically, when costs are passed on to the distributor, they are then also passed on to the customer.
If the product is found to be over the 0.3 percent limit, it would not be allowed to be sold.
“So, just the fact it’s over the limit doesn’t mean anyone’s at fault, just means it tested over the limit so it would have to be destroyed,” Yancey said.
The same destruction requirements are applied to medical cannabis when the flower products are found to contain more than 30 percent THC, he explained. When concentrates are found to contain more THC than the limit, those products are typically diluted to meet regulations.
Retailers would only be in violation of the bill if they knowingly sell products that are over the limit, Yancey stated.
The legislation passed by a vote of 82-27 in the House. It will now be transmitted to the Senate for consideration.
Jeremy Pittari
