New Bill Would Be Major Blow To Delta-8, CBD And CBG

WASHINGTON DC – A new bill in the U.S. Congress would give the U.S. Food and Drug Administration (FDA) regulatory authority over hemp-derived cannabinoids while allowing states leeway to set additional rules.

The Cannabinoid Safety and Regulation Act (CSRA), introduced by Sen. Ron Wyden, an Oregon Democrat, would set a comprehensive federal framework for both products containing delta-8 or other synthetic intoxicants, and non-psychoactive natural cannabinoids such as CBD and CBG.

The proposed measure differs from a previously introduced bill, the so-called “Miller Amendment,” which would place an outright ban on synthetic “high”-producing hemp cannabinoids. The CSRA opts instead for strict FDA controls on harmful or unsafe chemicals used in production. While it does not ban such products, the law would certainly hammer the intoxicating hemp sector, which operates in a legal gray area due to a loophole in federal law.

CSRA vs. ‘Miller’

While the CSRA seeks to regulate the entire hemp-derived cannabinoid industry at the federal level, the Miller Amendment reflects a belief that such products are inconsistent with the spirit of hemp legalization under the 2018 Farm Bill, which aimed to distance hemp from marijuana and its psychoactive properties. Proposed as part of the next U.S. Farm Bill, it takes a narrower and more targeted approach, redefining hemp to include only cannabinoids that do not have intoxicating effects.

Either bill, if enacted, would relieve states of the headache brought on by hemp-derived intoxicants that have flooded the market in products that are widely available and commonly promoted to kids – and which have been a boon to a cowboy class of CBD producers.

“Just like the tobacco industry marketing cigarettes to young people, nobody should be slapping fun cartoons and glitzy candy wrapper packaging on cannabis products meant for adults,” Wyden said in a press release. “A federal floor for regulation of hemp products is non-negotiable to ensure that consumers aren’t put at risk by untested products of unknown origin.

At its core, the CSRA aims to provide a federal baseline of safety and regulatory standards while allowing states to introduce stricter rules if they see fit – including banning the products altogether, as some states have already done.

Confused consumers

While some states have regulated intoxicating hemp products, others have not, leaving consumers to sort out legal marijuana from illicit hemp products, according to Wyden’s summary of the bill. “My legislation will ensure that adult consumers know what they’re getting, and that hemp products are never sold or marketed to children.”

While the primary aim of the Miller Amendment is to eliminate all hemp-derived intoxicants such as delta-8 THC from the market, Wyden’s proposal softens that approach, but could nonetheless significantly curb sales of the products by instituting a 21-or-older age limit, strict labeling, child-resistant packaging requirements and a ban on marketing aimed at minors.

The CSRA would also begin to put guardrails on CBD products and those containing other hemp cannabinoids, which continue to be unregulated more than five years after they were legalized by the 2018 Farm Bill. The FDA has contended it does not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement although the products are widely available in a semi-gray market. FDA has urged Congress to create a new regulatory pathway for CBD because the agency is not able to manage the compound under current rules for dietary supplements and food additives.

Importantly, CSRA also allows states to impose additional regulations and taxes, ensuring they retain significant control over the sale and distribution of cannabinoid products within their borders, certain to further hurt sales.

Other CSRA provisions

Under the federal oversight called for in the Wyden bill, all producers of cannabinoid products would be required to register with the FDA, adhere to strict manufacturing standards and submit products to testing for potency, pesticides, heavy metals, and chemical additives to ensure consumer safety.

In provisions applicable to both intoxicating and non-intoxicating products, the CSRA also:

Allows non-intoxicating, naturally derived hemp cannabinoids to be considered as food or included in food items, if they meet Federal Food, Drug, and Cosmetic Act standards;
Bars businesses from selling cannabinoid products if they contain alcohol, tobacco or nicotine;
Prohibits vapes containing cannabinoids from being flavored either naturally or artificially;
Limits vapes to no more than 6 percent terpenes;
Prohibits cannabinoid packaging or labeling from including cartoons or anthropomorphic images that could appeal to children;
Prohibits cannabinoid products from being sold in candy or snack forms;
Ensures FDA can recall products if or when necessary;
Ensures that imported products meet U.S. standards;
Funds research to develop a cannabis impairment standard and to create a “cannabis breathalyzer;”
Creates a $125 million grant program through the Department of Health and Human Services in support of efforts to prevent young people from using cannabis and cannabinoid products;
Establishes a $200 million state cannabis-impaired driving prevention grant program and a nationwide anti-drugged driving campaign.