Pennsylvania State Attorney General and State Senate Seek Action on Hemp Businesses
November 7, 2025
Over the past years, authorities have sounded the alarm about tetrahydrocannabinol (“THC”) products derived from hemp. In October 2025, a bipartisan group of 38 state attorneys general (including Pennsylvania’s Attorney General David Sunday, Jr.) requested that Congress clarify the federal definition of “hemp” and close the loophole that allows for unregulated, intoxicating products. Intoxicating hemp-derived THC products have flooded local retail establishments nationwide —including gas stations, smoke shops, and convenience stores—and have created a multi-billion dollar industry.
Pennsylvania is moving to bring hemp under tighter oversight. Recently, State Senator Dan Laughlin (R-49) proposed SB 49 to create an independent Cannabis Control Board for Pennsylvania, like the Pennsylvania Liquor Control Board or the Pennsylvania Gaming Control Board. This new board would take over the state’s medical marijuana program and for the first time regulate intoxicating hemp products too. SB 49 directs the new board to set uniform safety standards for untested hemp-based THC items currently on the market. Under the proposed law, those products would be treated like cannabis, subject to lab-testing and clear labeling, which in practice means they could only be sold in permitted dispensaries.
In other words, SB 49 would shift THC-containing hemp goods into the regulated cannabis distribution system, requiring dispensary sales and official quality control. Other states have imposed outright bans or have integrated these products into their existing cannabis programs. Pennsylvania’s approach of creating a dedicated regulatory board could be a more balanced solution while allowing the growth of an agency that specializes in cannabis. However, as presently drafted, the legislation would shutter many hemp businesses—some of whom are operating with strict protocols such as age verification and maintaining meticulous Certificates of Analysis to ensure product and customer safety.
All in all, hemp businesses should prepare for tighter oversight in Pennsylvania and across the nation. These hemp businesses should work with legislators to shape rules that keep legitimate hemp operations viable while curbing untested “everywhere” THC items. Enforcing age limits and dosage labeling will protect consumers and the reputation of the hemp sector.
By combining federal fixes with strong state rules, Pennsylvania and other states can pioneer a rational and safe regulatory framework for hemp. With SB 49’s progress and many other states now pushing Congress, we may finally see consistent age restrictions, testing labs, and disclosure for these products. In short, a sensible market for hemp should emerge: one that ensures children cannot accidentally grab a high‑THC “gummy” at a gas station and one that adult consumers can trust. With a collaborative effort, Pennsylvania can lead the way in bringing intoxicating hemp under responsible control.
The Regulated Substances Blog is intended to keep readers current on developments regarding medical marijuana and hemp regulation and is not intended to be legal advice. Members of the Regulated Substances team at Eckert Seamans are following developments closely. If you have any questions or would like to know more about the proposed legislation, please contact Benjamin Sheppard at bsheppard@eckertseamans.com, Steve Pemberton at spemberton@eckertseamans.com, or Sarah Stoner at sstoner@eckertseamans.com.
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