ATACH Calls on the FDA & Congress to Regulate Non-intoxicating CBD and to Address Unregulated Hemp Synthesized Intoxicating Products following Congressional Subcommittee Hearing
Today, following the House Oversight Committee’s Subcommittee on Health Care and Financial Services hearing titled, “Hemp in the Modern World: The Yearslong Wait for FDA Action,” the American Trade Association for Cannabis and Hemp (ATACH), pressed for the case for a discussion on hemp synthesized intoxicants.
Said ATACH President Michael Bronstein:
“While we commend the subcommittee for taking a step toward progress in creating greater regulation and a formal regulatory pathway for CBD including urging the FDA to act, the real elephant in the room is unregulated intoxicating hemp synthesized intoxicants – including intoxicating products converted from CBD that are now available to consumers nationwide – that are a threat to consumer safety and causing confusion. Products that are marketed to cause intoxication cannot exist outside the purview of regulation. Unregulated intoxicating products are entering the market under the guise of hemp, sometimes manufactured through chemical conversion of CBD and being sold across America under the semblance of being compliant with the Federal Farm Bill.
“Make no mistake, the broad definition of hemp in the 2018 Farm Bill resulted in an explosion of unregulated hemp-derived products that are intoxicating. CBD is sometimes used to create hemp synthesized intoxicants and often these hemp products meet or exceed the levels of THC content contained in state level legal markets. The safety profile of these products are not known, are marketed to consumers outside of a regulated system, and can appeal to and be accessed by youth.
“We call on Congress to provide a regulatory framework for both intoxicating products, which would ideally be taxed and regulated by the Alcohol and Tobacco Tax and Trade Bureau (TTB), and non-intoxicating products through the opening of FDA channels. Our organization has offered guidance to Congress, which was acknowledged during today’s hearing, and the time for action is now.”
Leading up to the hearing, ATACH provided the subcommittee with marketing and advertising examples on intoxicating products that reference the Farm Bill, including facebook ads – underscoring not only market confusion for the consumer but also how the unregulated hemp market undermines the state legal cannabis market. (Photos below.)
Background
ATACH submitted its research paper titled “Toward Normalized Cannabinoid Regulation, Regulation of Hemp-Synthesized Intoxicants,” to the subcommittee. The organization’s paper makes clear that since passage of the 2018 Farm Bill, we have seen the sudden rise of unregulated, hemp-synthesized intoxicants which go by names such as delta-8 THC, delta-10 THC, HHC, and many others.
These products could present the potential for health and safety concerns for consumers when they are left outside a regulatory system, and for the purpose of today’s subcommittee hearing – why existing regulatory pathways are insufficient for the regulation of these products.
ATACH’s paper includes an analysis of these products and recommendations for both state and federal regulators. Policy highlights include:
- Amending the definition of hemp to account regulation for final product
- Adopting standards for all intoxicating cannabinoids, whether from marijuana or hemp
- TTB should regulate intoxicating products in adult-use settings
- FDA should provide a pathway for non-intoxicating cannabinoids such as CBD
- State labs should be provided with federal technical assistance
- Retail sales should be limited to adults 21 or over anywhere intoxicants are available
- Intoxicating cannabinoid products should be regulated in marijuana programs
- Regulators should adopt uniform testing and labeling standards
- Enforcement efforts should be supported, and regulations should promote public health and safety
Today’s subcommittee hearing follows the reintroduction of a hemp bill designed to regulate CBD as a dietary supplement allowable in food and beverages. The bill, the Hemp Access and Consumer Safety Act is backed by Sens. Ron Wyden (D-Ore.), Rand Paul (R-Ky.) and Jeff Merkley (D-Ore.) and Rep. Earl Blumenauer (D-Ore.).
Intoxicating products that reference the Farm Bill
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