Committee approves SB358 to ban synthetic Delta‑8 THC after hours-long hearing with split testimony

The Senate Agriculture Committee voted to advance SB358, a bill from Sen. Deese (District 35) that seeks to ban synthetic Delta‑8 THC and similar hemp-derived intoxicants marketed for psychoactive use.

Sponsor testimony and a detailed presentation from Amy Martin, an attorney and dispensary owner, described the chemical process used to convert hemp-derived CBD into synthetic Delta‑8 (solvent, acid, heat) and cited poison‑control reports and product examples that the sponsor said appeal to children. Martin referenced the 2018 federal farm bill and emphasized it does not preempt states from enacting stricter rules on hemp-derived products; she also cited a DEA memorandum treating synthetic Delta‑8 as a controlled substance in certain contexts.

Opponents from the retail sector—including small CBD and hemp shop owners and the owner of American Shaman Kava Bar—argued the bill would devastate small businesses, force customers to neighboring states or illicit markets, and urged stricter point-of-sale rules and licensing rather than a ban. Industry speakers said many responsible retailers require ID, perform lab testing and seek regulation rather than prohibition.

Legal counsel Abtin Mehta Zadegan warned the committee that the bill’s language could raise federal preemption, interstate-transportation and vagueness challenges and that a trigger-to-regulation clause could be cited by challengers as evidence of anticipated constitutional vulnerability. Veterans and medical‑use witnesses described therapeutic reliance on Delta products and urged a regulatory approach.

Sen. Deese closed by framing the bill as child‑protection and voter‑preference policy and noted severability/trigger provisions intended to preserve public-health protections if litigation blocks portions of the statute. The committee voted to advance the bill. The transcript shows a voice vote but does not include a roll‑call tally.