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Bill to close synthetic‑cannabinoid loophole draws mixed reaction over hemp limits
Summary
House Bill 49 would explicitly include synthesized cannabinoids derived from hemp in Montana's controlled‑substances framework; supporters said the bill cleans up prior language and addresses potent synthetic products, while industry and beverage companies warned a provision on naturally derived hemp THC limits could allow intoxicating hemp products to be sold without regulatory guardrails.
Representative Ron Marshall opened House Bill 49 by saying the bill is narrowly aimed at treating synthesized cannabinoids derived from hemp alongside marijuana cannabinoids in statute. "This bill basically ... is very, very narrow," Marshall said, pointing committee members to the bill's definitions and the core language on page 12 and section 4.
Kristen Barber, administrator of the Cannabis Department at the Department of Revenue, and Kathy Wiegand Palmer (cannabis laboratory program manager, Cannabis Control Division) explained the changes grew from the synthetic advisory council and prior HB 948. Barber said the substitutes clean up language, replace the word "marijuana" with "cannabinoid" in some places and clarify that many synthetic products originate from hemp rather than marijuana. The bill would also set low numeric limits (0.5 mg delta‑9 THC per serving, 2 mg per package) for naturally derived hemp products to keep them non‑intoxicating.
Industry and public‑safety witnesses offered divergent views. Kate Holeva of the Montana Cannabis Industry Association and the Department of Revenue staff supported the bill as a technical fix that recognizes how synthetic products are made and aims to limit intoxicating hemp products. But Melissa Lewis of Molson Coors read the bill's language aloud and warned that the draft's sentence on "hemp and hemp products sold by any person may not exceed 0.5 milligrams of total delta‑9 THC per serving and may not exceed 2 milligrams per package" could, as written, allow intoxicating hemp beverages, vapes and edibles to be sold without testing, labeling, age restrictions or taxes at ordinary retail outlets. "Due to the narrow title of House Bill 49 we don't believe this issue can be fully addressed in this bill," Lewis said, and urged the committee to consider regulatory fixes or a ban until a regulatory framework exists.
Cathy Wiegand Palmer said synthetic cannabinoids are often created through chemical processes using solvents, acids and catalysts and that some synthetic cannabinoids can be many times more potent than natural delta‑9 THC. She told senators many synthetics are unregulated, may contain harmful byproducts and lack safety testing.
Department of Revenue staff acknowledged a regulatory gap in hemp oversight post‑harvest but said the limits in the bill are intended to be non‑intoxicating and that the department already has investigatory authority under prior law to pursue unlicensed sales. Senator questions and proponents' responses converged on the need to craft companion legislation or technical fixes to address opponents' practical concerns.
Representative Marshall closed by saying the bill's purpose is limited to including synthetic cannabinoids derived from hemp in the existing prohibition framework and that companion legislation could be used to address regulation or oversight gaps raised in testimony. The committee closed the hearing on HB 49 and recessed for a caucus.
