While the two Republican senators from Kentucky square off on how hemp could be regulated in the upcoming Farm Bill and conservative Texas lawmakers relitigate the state’s approach to intoxicating cannabis derivatives, another GOP congressman is laying the early groundwork for legislation to legalize it.
This week, we got an early look at a draft copy of a federal bill sponsored by long-time CBD and hemp advocate Rep. Morgan Griffith – serving Virginia’s 9th district in his eighth term. The legislation would put guardrails around consumable hemp products, including intoxicating hemp-derived THC offerings, while allowing hemp food and beverages to be sold to individuals 21 and older.
The draft legislation would place regulation of consumable hemp under the Food and Drug Administration (FDA). Health and Human Services (HHS) would determine acceptable milligram dosages and provide a list of permissible cannabinoids, prohibiting “adulterated” hemp products like those that are formulated with alcohol, caffeine, tobacco, nicotine or melatonin.
In order to address safety and compliance issues, the prospective bill requires standardized manufacturing and testing, tamper-resistant packaging and outlaws marketing to children.
The bill leaves some uncertainty on the table for intoxicating hemp brands, as it could limit hemp-derived THC (like delta-9) products to a default dosage of 0.2 mg per serving and 1 mg per package or container if the FDA doesn’t set a different standard within a three-year rulemaking window.
While the bill is still provisional, hemp industry stakeholders have lauded it for moving the discussion outside the provisions of the 2018 Farm Bill and providing a legal framework with clear guidelines for brands and retailers.
“Establishing a clear and consistent federal framework is critical to ensuring the long-term growth and stability of the hemp sector, while also empowering states to implement effective regulatory structures within their markets,” said Coalition for Adult Beverage Alternatives chair Diana Eberlein.
“This discussion draft is a positive step towards establishing the much-needed federal regulatory framework for cannabinoid hemp products,” said Michelle Bodian, general counsel and head of regulatory affairs for Nowadays. “Prohibition does not work and regulating products such as hemp beverages is possible with collaboration between FDA and industry.”
Rep. Griffith’s bill also comes on the heels of an attempt by Kentucky Senator Mitch McConnell to add language to the upcoming Farm Bill that would severely prohibit hemp production and the use of the agricultural commodity to be used to make food and beverage products. Sen. Rand Paul announced he would block the bill from passage if the provisions were not removed.