Cannabis Regulators Association Calls on Congress to Adjust Hemp Laws in 2023 Farm Bill

The Cannabis Regulators Association (CANNRA) sent a letter Sept. 15 to a bipartisan group of U.S. lawmakers urging them to address hemp-derived cannabinoids in the forthcoming 2023 Farm Bill.

CANNRA, a nonpartisan association of government officials representing cannabis and hemp regulatory agencies from 45 member states and U.S. territories, urged the chairs and ranking members of the U.S. Senate and House agriculture committees to consider five specific changes for the law that will succeed the Agriculture Improvement Act of 2018 (2018 Farm Bill), which will remain in force through 2023.

These five changes include:

1. Adding a definition for “Hemp-Derived Cannabinoid Products;”
2. Defining THC in terms of both THCA and delta-9 THC;
3. Clarifying that the 0.3% THC threshold applies only to the plant and naming a regulator to set appropriate thresholds for intermediate or final hemp-derived cannabinoid products;
4. Naming a federal regulatory agency with a timeline for implementing regulations to protect consumer safety; and
5. Ensuring that states are not preempted from going beyond federal policies (which should set minimum standards) to protect consumer safety and public health.
   

These changes would address what CANNRA has previously referred to as 0.3%, THCA and derivatives loopholes in the 2018 Farm Bill that have allowed the cannabinoid segment of the hemp industry to justify the sale of intoxicating products.

“The Agriculture Improvement Act of 2018 (the 2018 Farm Bill) was drafted with a focus on agricultural commodities and non-intoxicating hemp products,” the Sept. 15 letter states. “However, the language of the bill has inadvertently resulted in a thriving market for intoxicating cannabinoid products that are included (or claim to be included) within the definition of ‘hemp.”

More specific to defining hemp-derived cannabinoid products with respect to THC potency, CANNRA suggested this term means any hemp-derived product that is not the raw plant and is extracted, derived, infused, processed or manufactured that contains cannabinoids in any form and is intended for human consumption or inhalation.

Notably, because 0.3% THC on a dry-weight basis—the current threshold in the 2018 Farm Bill—can yield substantial amounts of THC in heavier items like chocolate bars and cookies, companies currently can skirt the law in using hemp derivatives to manufacture intoxicating edibles and other products that are often transported and sold across state lines.

“Establishing cannabinoid limits through rulemaking is essential to avoid removing all tetraydrocannabinoid (sic) limits from intermediate or final hemp-derived cannabinoid products,” the letter states. “It also allows flexibility for regulations to adjust in response to real world conditions.”

In terms of a federal regulatory agency for consumer safety oversight, CANNRA recommended such an agency be required to:

• Provide clear boundaries and definitions for products that will be regulated under cannabinoids and cannabinoid hemp products;
• Provide regulations that set minimum requirements for: processing and manufacturing approaches, ingredients, allowable modes of consumption and product types, contaminant and cannabinoid testing, packaging and labeling, and serving size and package limits;
• Clarify whether semisynthetic cannabinoids and biosynthetic cannabinoids are allowed under the definition of hemp-derived cannabinoids, and which production and manufacturing approaches are approved; and
• Establish and implement an education and enforcement approach to ensure compliance.
  

Lastly, CANNRA advised adding clarity to allow state regulators to implement regulations beyond the federal minimum standards for protecting consumer safety and public health.

“In the absence of federal clarity and regulation over finished cannabinoid products, state and territorial governments have been left to implement approaches to protect consumers,” the letter states. “These approaches vary, and are generally different across jurisdictions, creating a regulatory patchwork for hemp-derived products.

“Additionally, enforcement of state-based regulations by state agencies is difficult when hemp-derived products are produced out of state and shipped directly to consumers across state lines through the mail. For these reasons, federal regulatory engagement is warranted.”

The letter was addressed to Reps. Glenn Thompson, R-Pa., and David Scott, D-Ga., in the House Agriculture Committee, as well as Sens. Debbie Stabenow, D-Mich., and John Boozman, R-Ark., in the Senate Committee on Agriculture, Nutrition and Forestry.

It was signed by CANNRA Executive Director Gillian Schauer, Ph.D., as well as regulators from California, Colorado, Georgia, Maryland, Minnesota, Nevada and Oklahoma.