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Committee considers tightening hemp law to include THCA after examples of potent 'hemp' products
Summary
SB 4 61 would require that total THC concentration include THCA and similar variants, closing a loophole that allows potent products to be marketed as hemp; industry, public‑health advocates, and enforcement officials generally supported the clarification but asked for federal‑aligned language and enforcement details.
Senator Don Fenton introduced SB 4 61 to clarify that the statutory definition of 'total THC concentration' for hemp includes THCA and other variants that convert to active THC when heated. Fenton said the change would close a loophole that permits high‑potency products to be marketed as hemp and sold with fewer consumer protections.
Industry witnesses and providers described the marketplace examples prompting the change. Matt Simon of Granite Leaf Cannabis showed product labels and argued that a flower labeled "THC 1.1% and THCA 29%" is functionally a high‑THC product; he said the bill would make clear that those THCA amounts count toward total THC. “We would call that total THC of 29.2%,” Simon said while explaining product sample pages.
Advocates from New Futures and Sam New Hampshire supported the clarification and urged statutory language that mirrors federal definitions and that adds public‑health representation to advisory bodies. Danielle Elson, deputy chief with New Hampshire Liquor Enforcement, said the change would help enforcement narrow the problematic products found in convenience stores.
Committee members asked about enforcement mechanisms and whether the bill’s language should precisely mirror federal law; witnesses suggested mirroring federal definitions and correcting drafting errors in the bill. The hearing concluded without a committee vote recorded in the transcript.
