Regulation of hemp-derived intoxicants is a topic of concern in the recent legal discussions, particularly with those substances that are readily available to consumers. Perkins Coie’s Andrew Kline, argues that substantial attention should be paid towards ruling these intoxicants with the similar weight like state-regulated marijuana.
It’s worth noting that hemp-derived consumable products share an important trait with the state-regulated marijuana industry—they both manufacture intoxicating substances that are derived from the cannabis plant. Campaigns like Smart Approaches to Marijuana (Project SAM) have their sights set more on the state-regulated marijuana industry instead of focusing on the unregulated harmful hemp-derived intoxicants which lack proper restrictions and are easily available to youth. “Notoriously, these hemp-derived items can be received by kids without any age verification, lab testing for heavy metals or dangerous bi-products, dosage limits, packaging, or label standards.
It is believe that the Congress members may have not fully grasped the intricacies when they de-scheduled hemp and its derivatives in the 2018 Farm Bill. This has created a loophole that’s being exploited by hemp cannabinoid manufacturers, infusing high levels of THC in food products like beverages, gummies, and brownies. The test for THC content considers a dry-weight basis, thus products with high dry mass can contain significant levels of THC and still be deemed legal.
These often mimic popular children’s candy brands, are easily accessible online and bear more potency than THC products permissible for sale in the adult-only regulated marijuana marketplace. Acknowledging this danger, the Food and Drug Administration (FDA) issued warnings to the public and manufacturers .
The growing consensus is that these products should be regulated in the same way as marijuana products in the states with legalized usage to help deal with the current void in law and regulation. This issue was recently addressed by a group of attorneys general in a letter to the DEA, advocating safety protocols that are absent in the intoxicating hemp space.
It seems that regulating the state marijuana products isn’t the solution. The main objective should be prohibiting the sale of intoxicating cannabinoid products directly to consumers without testing or age verification, irrespective of their source being marijuana or hemp. Needless to say, children’s health and public safety concerns should be addressed first.