New County Ordinance Instates Age Restriction on Hemp-Derived Cannabinoid Products

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CLARK COUNTY, WI (OnFocus) – On November 7, 2024, in a unanimous vote, the Clark County Board of Supervisors approved a new ordinance regarding hemp-derived cannabinoids. This ordinance, now in effect, is multi-faceted and aims to reduce youth usage of mind-altering products synthesized from legal hemp plants.

Specifically, the county ordinance:

  • Prohibits the sale or delivery of any hemp-derived cannabinoid product to a person under age 21.
  • Prohibits any person under age 21 from using or possessing any amount of a hemp-derived cannabinoid.
  • Requires retailers to verify a person’s age by checking a valid photo ID before selling or providing a hemp-derived cannabinoid product.
  • Prohibits the sale of hemp-derived cannabinoids within 750 feet of youth-serving organizations such as, but not limited to, child care centers, schools, playgrounds, city or county parks.

Failure to comply with the new ordinance may result in a fine of up to $500 per violation.

Historically, the 2018 Farm Bill legalized hemp production in the United States and removed hemp from the list of federally controlled substances. As a result, it also legalized hemp-derived products. A hemp plant is defined as a cannabis plant that contains 0.3% or less of Delta-9 THC. Although the intention of the 2018 Farm Bill was to stimulate agricultural growth, it inadvertently created a loophole—leading to the development of “Novel THC” products.

Some manufacturers began extracting the non-psychoactive chemicals (cannabinoids) from hemp and converting them into mind-altering substances such as Delta-8 THC, Delta-10 THC, and others. These substances are federally unregulated, which means they often vary in potency, may not disclose the presence of toxic byproducts, and can be sold to the public without proper quality control measures.

In response, many states have passed their own laws to fill in the gaps left by the federal 2018 Farm Bill. Some states have regulated hemp-derived THC, while others have completely prohibited it. In Wisconsin, hemp-derived THC products remain unregulated. There is no statewide age restriction in place or restriction on where hemp-derived THC products can be sold.

Across the state, a wide variety of confections, beverages, and supplements containing both intoxicating and non-intoxicating hemp-derived compounds are available for purchase in traditional brick-and-mortar establishments like gas stations, bars, and smoke shops. Many of these products are marketed in eye-catching ways to attract young consumers. Packaging often resembles that of commercial candies or chocolates, with flavors that are eerily similar. Unless a local ordinance is passed, Wisconsin retailers can legally sell hemp-derived THC-infused products to teens and children.

According to a March 12, 2024 publication in the Journal of the American Medical Association, 11.4% of 2,186 U.S. 12th-grade students self-reported Delta-8 THC use in 2023, with a higher prevalence in the Midwest. In 2022, U.S. Poison Centers reported an 82% increase in Delta-8 THC cases compared to 2021.

To view the ordinance in its entirety, visit: Clark County Ordinance – Chapter 26: Offenses and Nuisances.

For more information and resources about hemp-derived cannabinoids, visit the Clark County Health Department website: Clark County Health Resources.

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News Desk
Author: News Desk

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