Committee advances bill tying unregulated consumable hemp to drug‑dealer liability amid industry objections

House Bill 36, presented by Representative Schlegel, would extend the state’s Drug Dealer Liability Act to cover consumable hemp products sold outside of Louisiana’s regulatory framework, making those sellers civilly liable if consumers — particularly minors — are harmed.

Forensic toxicologist Dr. Joseph Jones, who testified in support, warned of rising hospitalizations and poison‑control calls related to hemp‑derived products such as delta‑8 and delta‑10 THC. Jones said many products are mislabeled or sold in attractive packaging and that adolescent brains are vulnerable to cannabis effects: “A bag of Doritos. It appears like Doritos. It is labeled like Doritos. It says Doritos and it contains delta a THC,” he told the committee.

Industry witnesses strongly opposed the bill’s current text. Jessica Starnes, representing a wholesale processor, explained that Louisiana already maintains a multi‑agency regulatory structure (Department of Agriculture, LDH and ATC) and that the statute as written could turn routine regulatory violations — ranging from paperwork or signage errors to a late permit renewal — into predicate acts that label a business a drug dealer under the Drug Dealer Liability Act. Starnes called the bill a “Trojan horse” that would expose lawful businesses, grocery chains and wholesalers to massive civil exposure and likely make insurance coverage unaffordable.

Other opponents said the state’s regulatory system already includes penalties and revocations and that the bill’s approach — equating any regulatory violation with distribution of a controlled substance — could chill legitimate commerce and produce a flood of civil suits. RadDad Alternative and small retailers warned that many compliant retailers could be left liable for administrative mistakes.

Sponsor Representative Schlegel said the bill is intended to protect minors and increase accountability for actors who sell unregulated, mislabeled products that cause poisonings or other harms. The sponsor and witnesses urged further work on the bill’s language to avoid unintended exposure of compliant firms while preserving recourse against truly unlawful sellers.

The committee ultimately reported the bill favorably after debate. Opponents asked for narrower language to limit liability to knowingly unlawful sellers or to restrict civil exposure to sales to minors that cause demonstrable harm.

Action and next steps: Representative Schlegel acknowledged the concerns and indicated willingness to work on clarifications to narrow the bill’s reach so that it targets unregulated or illicit sellers rather than regulated businesses that make administrative errors.