Bill > SB499

Introduced Session

Under current law, tetrahydrocannabinol (THC) is a controlled substance, the possession, manufacture, delivery, and distribution of which are criminal offenses under the state[s Controlled Substances Act. Current law exempts hemp from the definition of THC. XHempY is defined under current law as Xthe plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods.Y The current law definition of XhempY clarifies LRB-4832/1 MCP:ads&klm 2025 - 2026 Legislature SENATE BILL 499 that it does not include a prescription drug product that has been approved by the U.S. food and drug administration. This bill changes the definition of hemp and, as a result, what is exempted from the definition of THC under the state[s Controlled Substances Act. The bill defines XhempY as Xthe plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight basis.Y The bill, like current law, also clarifies that XhempY does not include a prescription drug product that has been approved by the U.S. food and drug administration. The bill also provides that the definition of XhempY includes industrial hemp and defines Xindustrial hempY as hemp grown for the use of the stalk; hemp grown for the use of the whole grain, oil, cake, nut, hull, or any other product from the seeds of the plant; hemp grown for purposes of producing microgreens or other edible hemp leaf products derived from an immature, low-THC plant; hemp plants that do not enter the stream of commerce and that are intended to support hemp research at an institution of higher education or independent research institute; and hemp that is grown for the use of a viable seed that is produced solely to produce any of the previously mentioned products or uses. The bill provides that the definition of XhempY does not include a viable cannabis seed that has a total THC concentration, including tetrahydrocannabinolic acid, of more than 0.3 percent in the plant on a dry weight basis. In addition, under the bill, the definition of XhempY does not include a hemp- derived cannabinoid product that contains a cannabinoid that is not capable of being naturally produced by a cannabis plant; a cannabinoid that is capable of being naturally produced by a cannabis plant but that is synthesized or manufactured outside of the plant; or a quantifiable amount of THC or other cannabinoid that has similar effects or is marketed to have similar effects on humans or animals as THC. The bill defines Xhemp-derived cannabinoid productY as Xan intermediate or final product that is derived from hemp other than industrial hemp, that contains cannabinoids in any form, and that is intended for human or animal use through any means of application or administration, including inhalation, ingestion, or topical application.Y The bill clarifies that Xhemp-derived cannabinoid productY does not include a prescription drug product that has been approved by the U.S. food and drug administration. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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Committee Categories

André Jacque (R)*,  Chris Kapenga (R)*,  Steve Nass (R)*,  Van Wanggaard (R)*,  Elijah Behnke (R),  Lindee Brill (R),  Barbara Dittrich (R),  Robert Donovan (R),  Rick Gundrum (R),  Dave Maxey (R),  Dave Murphy (R),  Jerry O'Connor (R),  Jim Piwowarczyk (R),  Chuck Wichgers (R), 

Failed to pass pursuant to Senate Joint Resolution 1 (on 03/23/2026)

Official Document