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Committee hears calls to close THCA loophole in state hemp law
Summary
SB 461 would define total THC to include THCA to prevent potent THCA products being sold under the hemp label; industry, public‑health and law‑enforcement witnesses described loopholes and consumer‑safety risks.
Sen. Donovan Fenton told the committee that SB 461 clarifies that New Hampshire’s hemp threshold should be calculated on total THC — including THCA — to prevent high‑THCA products from being sold as unregulated hemp. Proponents said the change mirrors a federal clarification scheduled to take effect and fills an enforcement gap.
Retailers and public‑health advocates described three common loopholes: chemically converting CBD to delta‑8 variants, producing high‑THC edibles where per‑serving milligrams are large despite low percentage by weight, and selling concentrated THCA isolates and concentrates that convert to intoxicating delta‑9 THC when heated. “THCA converts to delta 9 THC — making raw THCA flour effectively marijuana once heated,” Granite Leaf Cannabis’ Matt Simon testified, showing product examples he said were marketed as federally legal hemp.
Public‑health groups (New Futures) and law‑enforcement witnesses urged the committee to adopt the definition change as a consumer‑protection measure. Industry representatives said compliant hemp growers worry about impacts but many supported the clarification so long as the language mirrors federal definition and includes clear measurement standards.
What’s next: Sponsors said a technical amendment will be filed to ensure the statutory language captures total THC (not just delta‑9). Another bill (SB 624) in a different committee addresses enforcement and edibles limits; SB 461 focuses on the core definitional fix.
