Federal hemp bill would strictly regulate cannabinoids

Sen. Ron Wyden, D-Ore, has introduced legislation to regulate the hemp industry at the federal level to keep intoxicating products out of the hands of children in a move that garnered broad support within the industry.

The new bill, dubbed the Cannabinoid Safety Regulation Act (CSRA), was cosponsored by Sen. Jeff Markley, D-Ore.

According to Wyden’s office, the CSRA would establish a national age restriction to prevent those under 21 from purchasing hemp-derived cannabis products. The legislation would require that all hemp-derived products are tested for safety and are manufactured using clean and safe processes. The CSRA would require truth in labeling and would require the Food and Drug Administration (FDA) to recall or ban any cannabis products with dangerous chemicals or additives.

Creates cannabis office within FDA

To bring order to the overall market and forestall piecemeal efforts like the one underway in California, the CSRA would direct FDA to create a Center for Cannabinoid Products to regulate the industry at the federal level.

The bill sets out parameters by which hemp products could deem to be adulterated and thus subject to being removed from the market.

The bill would also require hemp products manufacturers to behave in ways differently than regular dietary supplements like vitamins and herbs. For one, hemp makers would have to register their facilities with FDA and to provide a list of the cannabinoids being produced there. Products would also have to be registered with FDA prior to going to market — a move recently opposed by the FDA specific to hemp CBD but which has split the industry trade groups as pre-market approval might work for the larger supplements industry.

The bill would also earmark $125 million toward preventing young people from using cannabis and cannabinoid products and would devote an additional $200 million toward research into how cannabis intoxication affects driving with the ultimate goal of developing a “cannabis breathalyzer.”

Industry flowers, then withers after 2018 Farm Bill

The hemp industry first flowered after the passage of the 2018 Farm Bill, which removed the plant from the Drug Enforcement Administration’s schedule one list of banned substances. Since that time, despite repeated prodding from hemp industry proponents like Sen. Mitch McConnell, R-Ken., the U.S. Food and Drug Administration has resisted creating regulations for the sector.

In the interim, the lack of federal regulatory oversight has seen the major producers of ingestible hemp products struggle financially, as investment has been curtailed and major retail chains have demurred from stocking ingestible hemp products on their shelves. In addition, the market has been flooded with products from smaller, lesser-known brands, some of which have allegedly been of poor quality.

Another complicating factor for the industry has been the plethora of state-level regulations governing the markets in those states. Reports of THC and other intoxicating cannabinoids, such as delta-8 THC, showing up in products that could get in the hands of children has led California to propose rules that would severely curtail the industry in that state, according to advocates. The U.S. Hemp Roundtable, an industry group, filed a lawsuit on Tuesday challenging the new rules.

The CSRA would outlaw "synthetic" cannabinoids, but allows for "semi-synthetic" ones, a loophole that would maintain federal legality of delta-8 THC — a slightly intoxicating cousin to get-high delta-9 THC found in marijuana. Delta-8 THC has been outlawed in various degrees in 19 states.

According to a news release from Wyden’s office, making sure children are not inadvertently exposed to intoxicating products is a major motivation for the proposed law.

“Just like the tobacco industry marketing cigarettes to young people, nobody should be slapping fun cartoons and glitzy candy wrapper packaging on cannabis products meant for adults,” Wyden said in the release. “A federal floor for regulation of hemp products is non-negotiable to ensure that consumers aren’t put at risk by untested products of unknown origin. My legislation will ensure that adult consumers know what they’re getting, and that hemp products are never sold or marketed to children.”

Broad support within industry

According to Wyden’s office, a broad coalition of hemp industry groups have signed on in support of the legislation. Those include the U.S. Hemp Roundtable, the National Cannabis Industry Association, National Industrial Hemp Council, and hemp industry associations from California, Colorado, Arizona, Michigan, Illinois, Kentucky, Missouri, South Dakota, Virginia and Texas.

“The hemp industry is united behind a simple, common-sense proposition: Hemp products should be robustly regulated, not the subject of a misguided prohibition,” said Jonathan Miller, General Counsel at U.S. Hemp Roundtable. “Senator Wyden’s critical legislation does just that: imposing strong health and safety standards for hemp products while ensuring that they are kept out of the hands of minors.”