Makers of consumable hemp products are suing the Louisiana Office of Alcohol and Tobacco Control (ATC), arguing that the agency’s recent crackdown on goods containing the psychoactive component THC exceeds its authority.
Nineteenth Judicial District Court Judge Trudy White this month issued a temporary restraining order against the ATC’s enforcement efforts against products that may produce a “high” among users. But the agency vows to defend its actions in the interest of public safety.
“In recent weeks, several challenges to ATC’s regulatory position have been filed with the 19th JDC,” ATC Commissioner Ernest Legier Jr. told the Louisiana Record in an email. “The agency confidently looks forward to presenting its legal arguments and reasoning before the court.”
The hemp-based cannabidiol industry has grown exponentially in recent years, according to Legier, and the introduction of new products poses challenges for Louisiana officials responsible for removing illegal products from the market.
“Products are evaluated daily to ensure compliance with Louisiana law,” he said. “Once identified, appropriate state action is taken to address threats to public safety.”
An ATC update about the issue published in January notes that recreational marijuana remains illegal in the state and that only CBD with a THC content of less than 0.3% is legal to sell in Louisiana retail outlets. The Louisiana Department of Health is responsible for approving individual products for sale.
“Due to an increased threat to public safety caused by the proliferation and sale of THC products intended to produce a “high” in the user, the agency will begin aggressive enforcement of marijuana laws at CBD-permitted locations,” the regulatory update says.
Legier remains hopeful that issues regarding the regulation of such hemp products can be resolved.
“The agency is also optimistic that increased judicial review, potential legislative revisions in the upcoming session and overall public scrutiny of this industry through media reports will lead to regulatory efforts confirmed consistent with values of our community,” he said.
A hearing on the litigation in the 19th Judicial District is scheduled for April 6.