Editorial: Tighter restrictions on consumable THC products are needed

It should come as no surprise that legislators are now scrambling to put the THC-infused genie back in the tincture bottle after the passage of lax rules regarding the sale of consumable hemp products in 2022.

During that session, lawmakers relied on the word of one of their own: then-House Speaker Clay Schexnayder, R-Gonzales, who sponsored the legislation that allowed gummies, drinks and other hemp-derived products to be sold more widely. Schexnayder claimed his bill would not open the door to the sale of mind-altering substances. But in the fine print, the law allowed for products to contain up to 8 mg of THC, above the amount which can make an infrequent user feel high.

Now, Schexnayder is out of the Legislature — he lobbies for the hemp industry, naturally — and his former colleagues are caught in a tight spot.

On the one hand, consumable hemp products have been heartily endorsed by the buying public: THC-infused products are found in gas stations, specialty shops and even big grocery stores. Many small businesses have gotten in on the action. Sales have grown from just over $500,000 in 2020, when rules were tighter, to more than $33 million in 2023, according to an industry group. The correlating tax revenue has skyrocketed from a miniscule $64,000 to more than $4 million over that same period.

On the other hand, the easy availability and the relative lack of enforcement have caused justifiable worry that these products are being used to get high and may be sold to children.

Two bills currently before the Legislature seek to address the issue. Senate Bill 237, sponsored by state Sen. Thomas Pressly, R-Shreveport, would ban the sale of consumable hemp products that contain THC. Pressly has said he believes the products are “the same … as recreational marijuana.”

Pressly’s bill passed the Senate 27-9 and awaits consideration by the House Committee on the Administration of Criminal Justice.

House Bill 952, sponsored by state Rep. Dustin Miller, D-Opelousas, would require retailers to put all these products behind store counters and restrict purchases to those over 21, compared to the current 18. Miller’s bill has the support of hemp farmers and retailers. It has passed the House and is now before a Senate committee.

House Speaker Phillip DeVillier told reporter James Finn that he expects a compromise between the two bills, though he could not say what it would look like.

This would be a good outcome. While we appreciate the entrepreneurial spirit that has driven it, the explosion in new retailers and the variety of products have created the appearance of a free-for-all in consumable THC, with little regulation and lax enforcement. This should change.

But banning consumable hemp products altogether seems futile. They are not going away, and neither consumers nor the state would benefit from the trade going underground.