Is It Hemp? Is It Weed? Is It Food Or Supplement? Congress Should Make It Clear In 2023 Farm Bill, Say Regulators

The Cannabis Regulators Association (CANNRA) sent a letter to Congress Friday suggesting specific changes its members would appreciate seeing in the 2023 Farm Bill. The nonpartisan association representing marijuana and hemp regulatory agencies from 45 states noted that proposed changes aim to help resolve many issues encompassing federally unregulated hemp-derived products in the hemp marketplace.

Donald Trump signed the Agriculture Improvement Act of 2018 (Farm Act 2018) five years ago, effectively legalizing hemp and hemp-derived products on the federal level. While the bill made it clear that plants to be considered hemp and not marijuana could have only 0.3% delta 9 THC, other important and related matters were not defined. For example, the legislation didn’t designate hemp-derived products – are they food, are they supplements? Without this, how are they going to be regulated?

Another important loophole that resulted from the 2018 Farm Bill was the question of delta-8 THC, a chemical component of the cannabis plant that can cause mild psychoactive effects similar to delta-9 THC. New industrial methodologies enable delta-8 THC to be converted from CBD derived from hemp. Products developed as a result of the 2018 federal Farm Bill that legalized hemp are therefore not subject to the same testing requirements as cannabis, creating a legal loophole.

What Now?

Anticipating a new Farm Bill, CANNRA called on Congress to consider the following:

• Defining “Hemp-Derived Cannabinoid Products,” and THC in terms of both THCA and delta-9 THC. 

• Making it clear that the 0.3% THC threshold applies only to the plant and choosing a regulator to create thresholds for hemp-derived cannabinoid products. 

• Naming a federal regulatory agency with a timeline for implementing regulations to protect consumer safety. 

• Making sure that states are not preempted from going beyond federal policies (which should set minimum standards) to protect consumer safety and public health. 

You can read the full letter here. 

Bezninga Cannabis Capital Confrence

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