From Reefer Madness To Regulatory Madness: The FDA's Impact On The U.S. Hemp Industry

By Joseph Hickey Sr. via Let's Talk Hemp

The 2018 U.S. Farm Bill heralded a new era for industrial hemp, removing it from the Controlled Substances Act (CSA) and reclassifying it as an agricultural crop. This legislation also set the now famous 0.3% (3,000 parts per million or ppm) THC threshold to distinguish hemp from marijuana. However, just as the industry seemed poised for growth, expanding into markets like animal feed, American hemp farmers now face another significant regulatory hurdle: the FDA.

On August 20, 2024, the Association of American Feed Control Officials (AAFCO) approved an FDA regulation that sets a maximum THC concentration of 2 ppm (.0002%) in hemp meal fed to animals. This is an arbitrary limit lacking any scientific justification and yet another chapter in the FDA’s history of regulatory overreach when it comes to hemp.

The FDA’s Unrelenting Assault On Hemp

Since its inception in 1906, the FDA has played a critical role in protecting public health, but its history with hemp is one marked by misinformation and stigma. Even today, the FDA has not provided peer-reviewed scientific evidence that supports the claim that hemp or its cannabinoids, including THC, pose a danger to human or animal health. This lack of scientific transparency has fueled ongoing skepticism, particularly in light of the FDA’s long history of regulating hemp with what many see as an unjustifiable heavy hand.

The FDA’s decision to impose the 2 ppm THC limit on hemp meal for animal feed seems to reflect a broader regulatory stance driven more by fear than fact. In fact, the agency’s reluctance to embrace modern scientific findings on the safety and benefits of hemp perpetuates the outdated notions of “Reefer Madness” — the anti-cannabis propaganda film of the 1930s.

A Timeline Of Regulatory Hostility Toward Hemp

To understand how we arrived at today’s regulatory quagmire, it’s essential to look back at the historical relationship between hemp and U.S. federal agencies:

●      2800 BC: Cannabis is listed in Emperor Shen Nung’s pharmacopeia in China.

●      1850-1937: Over 2,000 cannabis medicines are produced by major manufacturers like Parke-Davis and Eli Lilly. Cannabis is widely recognized as a medicinal plant.

●      1860: The syringe and the rise of patentable synthetic drugs in the pharmaceutical industry significantly impacts medicinal cannabis and other natural remedies. Cannabis begins the transition from a commonly used medicinal plant, to being strategically described as a dangerous drug, leading to its decline for much of the 20th century.

●      1906: The Food and Drug Administration (FDA) is established.

●      1930: The Federal Bureau of Narcotics is established with Harry Anslinger as Commissioner solidifying his role as the creator of the United States’ “War on Drugs.”

●      1936: The film Reefer Madness spreads anti-marijuana propaganda, reinforcing false narratives about the dangers of cannabis.

●      1937: The Marihuana Tax Act, heavily influenced by the Federal Bureau of Narcotics’ Commissioner Harry Anslinger, effectively makes cannabis illegal, despite objections from medical professionals.

●      1942: Cannabis is removed from the US Pharmacopoeia by Harry J. Anslinger, Commissioner of the Federal Bureau of Narcotics.

●      1958: The early GRAS (Generally Recognized as Safe) program begins, and all American oil seed crops are granted “grandfather” status and certified, except hemp, which, at that time, was considered an “illegal crop.” This resulted in the arduous regulatory re-certification process that hemp is presently negotiating.

●      1964: The cannabinoid THC is discovered by Israeli researchers Dr. Raphael Mechoulam and Fr. Yechiel Goaoni.

●      1970: The Controlled Substances Act (CSA) is enacted, criminalizing cannabis and halting most research into its medical benefits.

●      1976: Ernest Small and his colleague, Arthur Cronquist, publish “A Practical and Natural Taxonomy for Cannabis,” establishing a dividing line between hemp and marijuana at 0.3% THC to create a “biological classification.”

●      1988: Scientists discover the first cannabinoid receptor, CB1, in the brain.

●      1989-90: Dr. Mechoulam’s team discovers the endocannabinoid system that regulates mood, pain sensation, appetite, immune response, memory and sleep.

●      1992: Dr. Mechoulam’s team discovers the first endocannabinoid.

●      1996: Ernest Small publishes an article in the Agronomy journal, which describes the 0.3% THC level as an “arbitrary threshold at which cannabinoid content is used to distinguish strains of hemp from marijuana.”

●      2018: The U.S. Farm Bill legalizes industrial hemp but establishes the arbitrary 0.3% or 3,000 ppm THC threshold — a standard that Ernest Small, who coined it in 1976, never intended as a legal benchmark.

●      2024: The FDA imposes the .0002% or 2 ppm THC limit on hemp meal for animal feed, despite a lack of peer-reviewed studies demonstrating harm at higher levels.

Double Standards And Inconsistencies

What is particularly striking about the FDA’s 2 ppm decision is its inconsistency when compared with other substances it regulates. For instance, the agency allows far higher levels of potentially harmful chemicals, such as glyphosate (Roundup), mercury, lead, arsenic…and rodent feces in food products than it does THC in hemp meal fed to humans and animals.

For context, 2 ppm is equivalent to just 2 inches over a 15.78-mile distance—a truly minuscule amount.

Meanwhile, the FDA continues to approve drugs with severe side effects, many of which are advertised on television with warnings that include suicidal thoughts, liver toxicity, severe birth defects, heart damage, kidney damage, nerve damage, stroke and the risk of death. This double standard bias presents a glaring contradiction in regulatory oversight concerning cannabinoids in hemp meal fed to animals and humans, creating significant roadblocks for America’s emerging industrial hemp industry.

The Path Forward For Hemp

The hemp industry faces an ongoing challenge: regulatory authorities that have yet to fully embrace the modern science supporting the plant’s safety and health benefits. Peer-reviewed studies (https://pubmed.ncbi.nlm.nih.gov/?term=medical+cannabis) have shown that cannabinoids can help relieve pain and suffering without the side effects of most FDA-approved pharmaceuticals. In fact, while no deaths have been attributed to cannabinoids, tobacco—which remains legal and largely unregulated by the FDA—causes 480,000 deaths annually in the U.S.

Conclusion

The FDA’s recent 2 ppm THC decision may be the latest in a long line of unnecessary obstacles facing the hemp industry, but it doesn’t have to be the final word. By advocating for evidence-based regulations and challenging outdated perceptions, the hemp industry can overcome these hurdles and once again become a major economic force in American agriculture. 

At the same time, a more aggressive solution is being explored; ask the courts to decide through the Supreme Court’s recent reversal of the Chevron deference.  (https://www.scotusblog.com/2024/06/supreme-court-strikes-down-chevron-curtailing-power-of-federal-agencies/.) Any way we accomplish it, as policymakers continue to shape the future of this industry, it’s critical that science—not stigma—guides the way forward.

It’s time for the FDA to adopt policies that reflect the current scientific understanding of hemp and its derivatives. Instead of perpetuating outdated myths, the agency should engage with industry leaders, scientists, and farmers to create a regulatory framework that promotes safety without stifling innovation and economic growth.

About

Joseph W. Hickey, Sr. has been a hemp advocate, activist and entrepreneur since 1992. He is a founding board member of the re-incorporated Kentucky Hemp Growers Co-op Association (est. 1942), and is a current or former board member of: Federation of International Hemp Organization (FIHO); Kentucky Hemp Association; U.S. Standing Committee of Hemp Organization; Friends of Hemp; National Hemp Growers Association; Hemp Industries Association; Board Advisor for the Global Hemp Association; and a member of the National Industrial Hemp Council of America (NIHC).

The mention of companies and other enterprises in news stories and Q&As does not imply an endorsement by Let’s Talk Hemp or any business relationship.

This article is from an external unpaid contributor. It does not represent Benzinga's reporting and has not been edited for content or accuracy.