Since the passage of the 2018 Farm Bill, the U.S. hemp industry has rapidly developed into a multimillion-dollar industry. See Agriculture Improvement Act of 2018, Pub. L. No. 115-334, 132 Stat. 4490. Although the federal government initially paved the way for the industry’s development, it has since taken a hands-off approach to regulating the sector. Thus, oversight of the market shifted to the states, which have been tasked with drafting and implementing comprehensive regulations to create their own state hemp programs. Due to the proliferation of the hemp industry—specifically in ways the market has remained unregulated, states across the country have administered regulations that generate confusion and hardship for current hemp operators. Recent actions from states such as California and Georgia have created a further dark cloud over the industry as operators feel that the states are going beyond efforts to curb the unregulated market, but rather dismantle the industry altogether.

Broad Interpretation of 'Attractive to Children'


Hemp-derived products have become widely accessible, now reaching nearly every day-to-day consumer market—from grocery stores to gas stations. As a result, state legislators across the country have pushed for more restrictions on these products to ensure they remain out of the hands of children. See Brett Schuman et al., "A Legal Tug of War on Hemp-Derived Cannabinoid Regulations," Cannabis Bus. Times (Oct. 22, 2024). While numerous states have mandated age restrictions such that only those either 18 years or older or 21 years or older may purchase hemp-derived products, some have taken it a step further by including language that prevents any hemp-derived products from being “attractive to children.” See 902 KAR 45:190 Section 7(7)(a) (2024); La. Rev. Stat. Ann. Section 3:1484(A)(4)(a)–(b) (2024); Ga. Code Ann. Section 16-12-241 (2024). For example, in Florida, attractive to children is defined as products manufactured “in the shape of humans, cartoons, or animals; ... that bears any resemblance to an existing candy product ... or branded food product ...; or containing any color additives.” See Section 581.217(3)(a), Fla. Stat. (2024).