Absent federal regulations for the $28.4 billion market for goods containing intoxicating hemp-derived cannabinoids – and in an era where states are imposing increasingly tough restrictions or outright bans on hemp-derived THC – a major hemp organization has created a certification program for such products.
The U.S. Hemp Authority, a Kentucky-based, third-party certification body for hemp and CBD products, has launched what it calls the Adult Use Hemp Product Certification Program.
The Adult Use program is designed for manufacturers and sellers of products with delta-8 THC and other hemp-derived cannabinoids, the organization said in a Thursday news release.
An industry of ‘good actors’
“We intend to ensure the hemp industry regulates itself to increase safety and stability, and to demonstrate to legislators and regulators that the industry is made primarily of good actors trying to bring quality products to consumers,” U.S. Hemp Authority President Chris Fontes said in a statement.
In order for a product to qualify for U.S. Hemp Authority certification, it must:
- Comply with ASTM product labeling.
- Use child-resistant packaging.
- Be restricted to adults 21 and older.
- Contain only delta-8 or delta-9 THC and be free of “novel cannabinoids” such as THC-O, THCP, delta-10 THC and hexahydrocannabinol (HHC).
- Obey purity standards, including disclosing chemicals or compounds used during the conversion process.
- Follow the U.S. Food and Drug Administration’s Current Good Manufacturing Practice (CMPG).
- Undergo third-party purity and potency testing at a laboratory accredited by the International Organization for Standardization (ISO).
Intoxicating-hemp market persists despite bans
Products containing intoxicating hemp-derived cannabinoids have proliferated across the country since the 2018 Farm Bill was signed into law.
The Farm Bill clarified that cannabis containing 0.3% THC or less is federally legal hemp, though a loophole allowed the manufacture and sale of products with much more hemp-derived THC.
Marijuana interests say that intoxicating hemp-derived products – which are not subject to the same taxation or regulatory requirements – enjoy an unfair advantage.
And authorities across the country have claimed that some unscrupulous businesses are selling such products to minors.
So, states with regulated marijuana programs have been acting to try to protect their programs by either restricting such products or banning them entirely.
The most notable state to take action is California, which recently passed emergency regulations prohibiting hemp products with any detectable level of THC sold outside the state’s regulated marijuana market.
It’s an open question whether intoxicating hemp products will survive the next iteration of the Farm Bill amid calls to close the so-called loophole.
Hemp product manufacturers interested in the U.S. Hemp Authority’s Adult Use Hemp Product Certification Program may apply here.