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Diving overview:
- Companies that produce CBD-infused products are opposing a GOP farm bill amendment that would limit their ability to sell foods and beverages containing cannabinoids not naturally derived from marijuana.
- An amendment included in the House's proposed $1.5 trillion farm bill earlier this week said the definition of hemp should be changed to allow only the Cannabis sativa L. plant and its derivatives with less than 0.3% THC. This excludes synthetic cannabinoids derived from hemp, including delta-9 THC, which are not produced naturally in the cannabis plant.
- “Mimicking” marijuana products made from synthetic cannabinoids such as delta-9 have been created, including soda and sparkling water. It is being sold through a loophole in the current law. This allows these products to be shipped across state lines.
Dive Insights:
National sales of hemp were legalized in the 2018 Farm Bill to help farmers generate additional revenue streams. However, more potent hemp products containing higher amounts of THC created through synthetic processes are technically legal.. This amendment is intended to close that loophole.
Companies that produce cannabinoid products see the proposed House amendment as another obstacle in their persistent attempts to sell food and beverage products containing the drug nationwide.
Passage of the bill would be a “devastating” blow to the CBD industry, according to Brittany Hallett, vice president of marketing for Slang Worldwide, a maker of CBD gummies.
“These products are not about loopholes or making people feel good, but about safely accessing natural wellness,” Hallett said. “There are certainly loopholes in the cannabis space that need to be investigated, but this is not the right way to proceed and is a classic example of lobbying gone wrong and being persuaded by a big corporate agenda.”
Some in the cannabis industry have questioned the loopholes and lack of oversight in the plant.
Leili Fatehi, partner and principal at cannabis government relations firm Blunt Strategies, said the production of synthetic cannabinoids like Delta-9 lacks standard safety testing measures and creates regulatory gray areas.
“Rather than resisting these changes, the U.S. cannabis industry should actively work with legislators to shape these new regulations,” Fatehi said. “This approach ensures that as the industry evolves, we do so in a way that is responsible and conducive to long-term growth.”
Some federal lawmakers have opposed closing the hemp loophole.
In a statement to Politico last month, Ron Wyden, a Democratic senator from the hemp-growing state of Oregon, said the bill was a step back and would not prevent consumers from accessing drugs with the effects of THC. He said it would be.
Several hemp-infused edibles and beverage producers have created products made with cannabinoids such as delta-9 to circumvent federal laws.
Earlier this year, Jones Soda introduced Mary Jones HD9 craft soda made with hemp delta-9 in flavors like Root Beer and Berry Lemonade. With sodas still containing 2.5, 5, and 10 mg of THC per can, soda brands have been able to scale their sodas in most states. Curaleaf, the largest cannabis company in the U.S., also plans to launch a line of beverages containing 5 mg of delta-9 THC, Politico reported.
