In a significant move, members of the House Committee on Agriculture have approved an amendment to federally criminalize hemp-derived products containing mood-altering cannabinoids. This amendment aims to revise the existing legislation to address the growing concerns over the safety and regulation of these products.
Amendment to Section 297A of the 2018 Farm Bill
The 2018 Farm Bill, which broadly defined hemp to include “any part of the plant, including …. extracts [or] cannabinoids that do not possess greater than 0.3 percent THC on a dry weight basis,” is now up for reauthorization. The newly approved amendment significantly revises this section, tightening the regulations around hemp-derived products.
Sponsor of the Amendment: Rep. Mary Miller (R-IL)
Rep. Mary Miller (R-IL) sponsored the amendment, which excludes products from the federal definition of hemp if they contain cannabinoids that “are not capable of being naturally produced” by the hemp plant or if they are the result of chemical synthesis. This move is aimed at curbing the proliferation of synthetic cannabinoids that have raised safety and regulatory concerns.
Unregulated Synthesis
In recent years, unregulated manufacturers have been synthesizing hemp-derived CBD into various novel intoxicating products, such as delta-8-THC, HHC, and THC-O. These synthetic conversion processes often involve potentially dangerous household products, raising significant safety concerns.
Lab Analyses and Contaminants
Lab analyses of unregulated products containing delta-8 and similar compounds have consistently revealed discrepancies between the advertised and actual cannabinoid levels. Many products have been found to contain lower levels of cannabinoids than stated on their labels. Additionally, some products possess heavy metal contaminants and unlabeled cutting agents, posing further risks to consumers.
Safety Concerns
Other novel compounds, like THC-O, have not undergone safety testing in human trials, exacerbating the concerns over their potential health impacts. The lack of regulatory oversight and safety testing for these synthetic cannabinoids highlights the need for stricter controls.
Consumer Behavior and Legal Landscape
Studies have shown that consumers are more likely to seek out and use these unregulated, synthetic cannabinoid products in jurisdictions where cannabis remains criminalized. This trend underscores the complex interplay between cannabis legalization, consumer behavior, and the emergence of synthetic alternatives.
The amendment to the 2018 Farm Bill, approved by the House Committee on Agriculture, marks a critical step in addressing the safety and regulatory challenges posed by synthetic hemp-derived cannabinoids. By excluding products that cannot be naturally produced by the hemp plant or are the result of chemical synthesis, the amendment aims to protect consumers and ensure the integrity of hemp-derived products in the market.