Senate Introduces Hemp Bill to Ban Synthetic THC Nationwide
U.S. Sen. Ron Wyden, an Oregon Democrat, introduced the Cannabinoid Safety and Regulation Act in the U.S. Senate on Wednesday. If passed and signed into law, the bill would create a new department at the U.S. Food and Drug Administration called the Center for Cannabinoid Products, which would enforce fresh regulations imposed on Farm Bill-compliant hemp products in the United States.
Proposed Regulations and Bans
The Center for Cannabinoid Products would enforce the following rules:
- A nationwide age restriction of 21 for purchasing hemp-derived cannabinoid products
- Testing and labeling requirements, including restrictions on advertising and product claims
- A ban on “artificially or synthetically derived cannabinoids of any kind,” defined as a cannabinoid “produced using chemical synthesis, chemical modification, or chemical conversion”
- A ban on hemp-derived cannabinoid products containing “more than one serving, dose, or equivalent”
Wyden emphasized the need for a “federal floor for regulation of hemp products” to ensure consumer safety and prevent the sale or marketing of untested products of unknown origin to children.
Support from Hemp Industry and Cannabis Associations
The proposed rules seem to align with the growing number of states enacting laws that restrict or ban synthetic hemp products while being more permissive than the strict rules recently imposed in California. Unlike recent state bans, Wyden’s bill has buy-in from hemp interests and the National Cannabis Industry Association.
Jonathan Miller, general counsel for the U.S. Hemp Roundtable, stated, “The hemp industry is united behind a simple, common-sense proposition: Hemp products should be robustly regulated, not the subject of a misguided prohibition.”
Challenges in Passing the Bill
Despite the support from industry stakeholders, Wyden’s proposal might face challenges in passing through Congress before January, when newly elected lawmakers will be seated. Political squabbling has contributed to the current Congress passing the fewest laws in decades, with basic orders of business, such as a new U.S. Farm Bill, falling by the wayside.
The 2018 Farm Bill legalized hemp production nationwide but inadvertently created a new nationwide trade in intoxicating hemp-derived products such as beverages and edibles produced with delta-9 THC. Additionally, some operators sell marijuana flower as hemp because it contains mostly THCA, the biosynthetic precursor to THC, rather than the delta-9 THC common in marijuana.
A Republican proposal floated in the summer by U.S. Rep. Mary Miller of Indiana would close that loophole entirely by including an outright ban in the Farm Bill. However, that proposal has gone nowhere as Congress struggles to pass basic funding bills, leaving more complex or controversial legislation stalled.
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