A group of state cannabis regulators has asked Congress to amend the law around hemp and cannabinoids in the upcoming 2023 Farm Bill. They are seeking to modify the rules surrounding hemp-derived cannabinoids and adjust the federal definition.
Cannabis Regulators Association says that the changes are necessary because the 2018 Farm Bill which legalized hemp across the country “inadvertently created a thriving marketplace for intoxicating products which are included or claim to be included within the definition of “hemp”. ‘”
The 2018 Farm Bill defines hemp as cannabis that contains less than 0.3 percent THC. However, federal agencies have not yet established a framework to regulate cannabinoids derived from hemp.
In a letter sent to the chairmen and ranking members in the House and Senate Agriculture Committees on Friday, CANNRA called for five specific changes to be made.
(1) Add a new definition of “Hemp Derived Cannabinoid Product;” (2) Define THC using both THCA (and delta-9 THC);
(3) Clarify that 0.3 percent threshold for THC only applies to the plant, and name the federal regulator who will set the appropriate thresholds to be used in intermediate or final cannabinoid-derived products.
(4) Name the federal regulatory agency that has a timetable for implementing rules to protect consumer safety.
(5) Do not allow the federal government to preempt state policies that go beyond minimum standards (which are set by the federal government) in order to protect public health and consumer safety.
The group is proposing to divide the definition of hemp in two: first, it would include hemp that was “grown as food, fiber and feed”, and second, hemp that “was grown for any other purposes, including the extraction cannabinoids”.
CANNRA wants legislators to include THC-A as a precursor of delta-9 THC in the definitions. The current hemp limit is 0.3 percent THC in dry weight. However, this figure does not include THC A, which, according to the letter, “easily converts into delta-9 THC if heated, combusted or aerosolized.”
The letter also states that the law should distinguish between THC levels in plants and finished products, as the 0.3 percent limit can “result in substantial amounts of THC” in heavier items such as chocolate bars and cookies.
CANNRA has recently increased its membership to include international regulatory bodies. It is also calling on lawmakers to “identify and authorize a federal regulator who has a background in consumer protection and public health” to regulate cannabinoid-containing products.
The letter states that the agency must provide “clear definitions” around cannabinoids, set minimum requirements in terms of processing and manufacturing, ingredients and contaminant testing, packaging, and labeling, clarify whether “semi synthetic cannabinoids or biosynthetics cannabinoids are allowed within the definition of hemp, and launch a “education and enforcement strategy to ensure compliance.”
The advocacy group also wants Congress to make sure that the states and territories can “go beyond federal policies” and set their own, stricter regulations regarding hemp and hemp-derived cannabisoids.
The letter was signed both by CANNRA’s executive director and members who regulate cannabis in Maryland as well as Colorado, Nevada Minnesota, Oklahoma California and Georgia.
As CANNRA noted in its announcement of the letter last week, the group previously sent correspondence to congressional leaders in April, urging federal action to address what the group calls the “THCA loophole” or “derivatives loophole”–essentially, businesses complying with existing hemp rules but producing “intoxicating cannabinoid products” with effects more along the lines of high-THC marijuana.
The next version of the Farm Bill is currently being discussed. Legislators will likely include provisions that ease the burdens placed on the hemp industry, . According to the U.S. Department of Agriculture, the market for hemp saw a substantial decline in value during the past year .
In the beginning of this year, members of Congress introduced legislation to ease restrictions for certain hemp farmers. In March, Sens. Jon Tester (D -MT) and Mike Braun(R -IN) have introduced the Industrial Hemp Act. This act would eliminate background check requirements, as well as strict testing mandates to growers of hemp for non-extraction. Reps. Matt Rosendale and Chrissy Hulahan sponsored a House counterpart bill in May .
The Food and Drug Administration has been blamed by stakeholders for the economic recession. They have accused the FDA of not passing regulations which would allow the marketing hemp-derived cannabinoids as dietary supplements and foods. FDA stated that it required further congressional action in order to develop such regulations.
The Congressional Research Service released a report last month that detailed the challenges facing the hemp industry in the United States. It also highlighted FDA’s determination to be a contributing factor to the market decline.
CRS cited a USDA report that showed significant losses in production values from 2021 to 2020.
The CRS report stated that “losses were pronounced on the hemp flower market.” This is where most of the hemp-based compounds and derivatives, such as CBD derived from hemp and other cannabinoids, are produced. The USDA reports that farm-level production of hemp flowers will total $204 million by 2022. This is down from $687 millions in 2021.
In a recent hearing of a House subcommittee, the focus was on the lack of FDA regulations. A separate bipartisan pair of health committees also sought expert input as they considered possible legislative fixes. CANNRA responded that Congress should take a holistic approach to the issue , and consider rules for hemp-derived cannabinoids including delta-8 THC.
The Drug Enforcement Administration (DEA) has made it clear that they do not consider synthetic cannabinoids, such as delta-8 THC, to be federally illegal controlled substance that is not covered by the 2018 Farm Bill.
In April, House Oversight Committee chairman James Comer (R – KY) announced that his committee would launch an investigation into FDA CBD review. He asked the agency to turn over any documents related to the decision to not regulate the cannabinoid. The congressman had expressed intention to deal with the lack of rules even before the agency took that decision.
The FDA announced that it would not be regulating CBD just days after released its finalized guidelines, which focused on the development of cannabis-based drugs and outlined the unique considerations scientists should take into account when working with hemp and marijuana.
released the first-ever guidelines on developing psychedelic medicine. In response to a directive issued by President Joe Biden in 2013, the FDA is also working on reviewing the federal scheduling for marijuana.
During a National Academies of Sciences, Engineering and Medicine (NASEM) meeting held last week, agencies including FDA, U.S. Centers for Disease Control and Prevention and others , discussed cannabinoid regulation and legalization models.
“We acknowledge that these products exist.” Patrick Cournoyer is a senior advisor at FDA. He said that hemp-derived cannabinoids have a huge market. There’s also a need for oversight. “The solution we have suggested is to work with Congress and develop a new path that takes a more harm-reduction-oriented approach, which could allow consumers access while maintaining the regulatory oversight they desire.
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