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THC edibles, such as gummies and drinks, could soon become illegal in Louisiana, and the companies in the state that make and sell those products could soon be put out of business if a Shreveport senator gets his way.
THC is the ingredient in marijuana and hemp that gets people high.
Senate Bill 237, authored by Senator Thomas Pressley (R-Shreveport), would remove a loophole in the industrial and consumable hemp law that allows hemp products to contain up to half a milligram of THC per serving or package. The Senate approved the bill on Monday by a 27-to-9 vote. The House received the bill on Wednesday and was assigned to the House Criminal Justice Committee. A hearing date has not been set as of this publication.
One legal analyst says if the bill receives final passage and is signed into law by Governor Jeff Landry, there won’t be anything makers and sellers of those products could do to stop that law from taking effect.
“There’s nothing unconstitutional about what the legislature will do and (what) the governor will sign,” Loyola University law professor Dane Ciolino said. “As long as there is any rational basis for the legislation, then courts aren’t going to step in and overturn them.”
Pressley included a rational basis in the bill’s text. According to the bill, the proposal is designed to “promote the health, welfare, and safety of the public.”
“Federal courts in reviewing the constitutionality of these sorts of legislative efforts will apply the lowest standard of review–the most deferential–to the legislature and the state policy makers, which is rational basis review,” Ciolino said.
Because of this, Ciolino believes the THC edible manufacturers and sellers in Louisiana will be forced to shut down if the bill becomes law.
“They, no doubt, are going to be upset about investing millions of dollars into gearing up to manufacture these products,”Ciolino said. “It’s not going to be something the courts are going to invalidate just because of the financial impact on the manufacturers.
Ciolino summed up the THC industry’s situation in one sentence.
“There’s not going to be much that these manufacturers can do about it,” Ciolino said.
If the bill becomes law, it would take effect on August 1.
“}]] THC edibles, such as gummies and drinks, could soon become illegal in Louisiana, and the companies in the state that make and sell those products could soon be put out of business if a Shreveport senator gets his way. Read More