DES MOINES, Iowa — After a state law took effect on July 1 regulating the amount of THC in consumable help products, eight businesses filed a lawsuit against the state, seeking an injunction.
The companies are arguing that the regulations they must adhere to take place too soon after the law went into effect, and that the amount of THC allowed in products is unreasonable because businesses have had to destroy up to 80% of their products as a result of the state's legislation.
State law says consumable hemp products containing THC -- a chemical compound that makes someone feel a "high effect -- must be capped at 4 milligrams per serving, and 10 milligrams per container. It also sets an age limit of 21-years-old for purchase of the products.
After backlash and confusion over potency thresholds from companies selling consumable hemp products, the Iowa Department of Health and Human Services decided to change their rules again for regulation that a 12 oz. beverage can count as "one serving," but that serving still must contain 4 mg of THC or less.
However, most businesses state there are few current products, both edibles and beverages containing THC, that are 4mg or under.
"It really just feels like a road that you don't know where the finish line is," explained Happy Can chief strategy officer, Ashley Hartman. "It feels like the goal posts keeps moving. Our end goal at the end of the day is to provide our consumers with a product that's not alcohol, and for those that just want to feel relaxed."
Over the past few weeks, Happy Can showed Local 5 News its attempted to upload its products adhering to state law, but showed Local 5 News that the HHS website wouldn't let the business provide its updated list.
The hearing against the law will take place at the U.S. District Court of the Southern District of Iowa on Thursday at 10 a.m. Chief Justice Stephanie M. Rose will oversee the hearing.