Hemp bill introduced in Congress would ban synthetic THC nationwide

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A new federal agency would be responsible for enforcing fresh regulations imposed on Farm Bill-compliant hemp products in the United States – including a ban on “artificially or synthetically derived cannabinoids of any kind” – under a bill introduced in the U.S. Senate on Wednesday.

If passed and signed into law, the Cannabinoid Safety and Regulation Act, introduced by U.S. Sen. Ron Wyden, an Oregon Democrat, would create a new department at the U.S. Food and Drug Administration – the Center for Cannabinoid Products.

That agency would enforce rules that include:

  • A national age restriction of 21 to purchase hemp-derived cannabinoid products.
  • Testing and labeling requirements, including restrictions on advertising and product claims.
  • A ban on “artificially or synthetically derived cannabinoids of any kind,” defined as a cannabinoid “produced using chemical synthesis, chemical modification, or chemical conversion.”
  • A ban on hemp-derived cannabinoid products containing “more than one serving, dose, or equivalent.”

Wyden said in a statement that 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.”

He added: “My legislation will ensure that adult consumers know what they’re getting, and that hemp products are never sold or marketed to children.”

Federal support for some hemp restrictions

The rules seem to support the growing number of states enacting laws that restrict or ban synthetic hemp products while also being more permissive than the strict rules recently imposed in California.

The law also would ban outright adding cannabinoids to any product that “contains alcohol, tobacco, nicotine, or another substance with effects that could interact with cannabinoids or enhance or alter the effects of cannabinoids.”

Unlike recent state bans, Wyden’s bill has buy-in from hemp interests as well as the National Cannabis Industry Association.

“The hemp industry is united behind a simple, common-sense proposition: Hemp products should be robustly regulated, not the subject of a misguided prohibition,” said Jonathan Miller, general counsel for the U.S. Hemp Roundtable.

Will the bill succeed?

Wyden’s proposal might not make it through Congress before January, when newly elected lawmakers will be seated.

Political squabbling has contributed to the current Congress passing the fewest laws in decades.

Among the basic orders of business that have fallen by the wayside is a new U.S. Farm Bill, which was due in 2023.

The 2018 Farm Bill legalized hemp production nationwide, but it also accidentally created a new nationwide trade in intoxicating hemp-derived products such as beverages and edibles produced with delta-9 THC.

Additionally, some operators sell marijuana flower as hemp because it contains mostly THCA – the biosynthetic precursor to THC that’s converted when heated – rather than the delta-9 THC common in marijuana.

One Republican proposal, floated in the summer by U.S. Rep. Mary Miller of Indiana, would close that so-called loophole entirely by including an outright ban in the Farm Bill.

However, that proposal has gone nowhere as Congress struggles to pass basic funding bills, leaving more complex or controversial legislation stalled.

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