July 15, 2024 / CBD, Food & Drink, Legislation, News, North America, USA
A federal ban on intoxicating hemp products could be enacted as soon as October, potentially ahead of the next U.S. Farm Bill. A key U.S. congressional committee has approved a measure that might remove these often unsafe products from the market.
Last week, the House Appropriations Committee passed a broad measure covering 2025 funding for farming, the U.S. Food and Drug Administration (FDA), and other agencies. This measure includes provisions to regulate delta-8 THC and other psychoactive hemp-derived substances, similar to those proposed for the upcoming U.S. Farm Bill.
“We’ll continue working to eliminate the bad actors who convert some of that to delta-8, which is a dangerous substance,” said Rep. Andy Harris, a Maryland Republican who authored an amendment to the spending bill.
Multi-Billion Dollar Market
A thriving gray market has emerged due to a loophole in the 2018 Farm Bill, which removed hemp from the dangerous drugs category. This loophole has allowed synthetic, psychoactive products to spread widely, posing public health risks. These unregulated substances have created a multi-billion dollar market, attracting unscrupulous actors.
The approved measure would ban not only delta-8 THC but also delta-10 THC, THC-O-acetate, HHC, and THCP. It also addresses hemp-derived THCA, a precursor to delta-9 THC, which becomes delta-9 when burned. Producers have been creating highly concentrated THCA hemp buds, which are readily available.
Most of these intoxicating compounds are produced by processing hemp-derived CBD into highly concentrated forms. These products are sold in convenience stores, hemp shops, bodegas, and other retail outlets, often under knock-off brands that mimic well-known names.
Delta-9 Alternative
The effects of these psychoactive hemp substances are similar to those of delta-9 THC, the intoxicant in marijuana. Known among consumers as “diet weed,” “marijuana light,” or “gas station pot,” these products are sold as gummies and other edibles. Regulators and consumer groups criticize the bright packaging that appeals to children.
The Harris amendment calls on the FDA to investigate health concerns regarding hemp-derived cannabinoid products. It urges the agency to establish clear federal regulations to protect public health, such as labeling requirements, testing standards, adverse event reporting, packaging regulations to prevent marketing to minors, and mandatory age limits for purchase.
Do No Harm?
After the CBD market boomed and then busted beginning in 2019, companies with surplus CBD stocks started selling them to producers of intoxicating compounds.
“It’s a psychoactive substance, so we’ll continue to work on that. We do not want to harm the good actors, and most of them are the good actors,” Harris said.
The measure would also prohibit non-psychoactive CBD from containing any “quantifiable” amount of THC. Currently, the FDA does not consider hemp-derived CBD oil safe enough to be sold lawfully as a dietary supplement.
Speedier Crackdown
The next Farm Bill, originally the 2023 version, has been delayed and is now expected to be finalized by the end of this year or early next year. The spending bill passed last week could speed up the crackdown on these products, as Congress is incentivized to act on appropriations before the new fiscal year starts on Oct. 1.
Provisions in both the spending bill and the new Farm Bill aim to close a loophole in the 2018 Farm Bill by distinguishing between intoxicating cannabinoid extracts from hemp flowers and “industrial hemp” products, which include food and fibers.
The 2018 Farm Bill’s broad definition of industrial hemp, covering all parts of the plant and any derivatives, failed to anticipate the emergence of synthetic intoxicants.
States Scrambling
Without federal laws or rules governing hemp intoxicants, states across the U.S. are attempting to control the burgeoning market. Recreational and medical marijuana stakeholders argue that these hemp intoxicants represent unfair competition since their producers are not subject to the same rules and fees as those in legal marijuana markets.
The FDA has repeatedly warned consumers about the dangers of hemp-derived intoxicants, noting that they may contain harmful chemicals and should be kept away from children and pets.
Earlier this year, top law enforcement officials from 20 states and the District of Columbia urged Congress to address the spread of intoxicating hemp products in the upcoming Farm Bill.
Effort to Block Cannabis Funds
In a related move, the House Appropriations Committee last week voted to block the Biden Administration’s effort to move cannabis from Schedule I to Schedule III under federal law. The committee approved an amendment to a funding bill that would prevent the Department of Justice from using federal funds to reschedule or deschedule cannabis under the U.S. Controlled Substances Act.
