Federal hemp regulations are set to shift dramatically in nine months, a change that industry leaders warn could effectively outlaw most consumable cannabinoid products. In the meantime, the FDA faces a looming deadline to provide guidance that could shape the future of hemp policy.
Last year, President Donald Trump signed an appropriations bill that included a provision reversing the 2018 Farm Bill’s legalization of certain hemp products. While the bill reinstates restrictions on these products starting Nov. 1, it also instructs the FDA and other agencies to compile detailed lists of cannabis-derived compounds.
The law tasked the FDA with producing three lists within 90 days of enactment: all cannabinoids the agency recognizes as naturally produced by marijuana, all naturally occurring THC category cannabinoids, and any other cannabinoids that either mimic THC’s effects or are marketed as doing so.
In addition, the FDA must clarify the definition of “container” as it applies to THC limits. The new law defines it as the innermost packaging in direct contact with a product sold to consumers, such as cartridges, jars, bottles, boxes, or bags.
The clarifications and lists are due by Feb. 10, though federal agencies have a history of missing deadlines, particularly on cannabis-related matters.
The FDA’s work will help distinguish between legal hemp under a narrower definition and cannabis, which remains federally illegal. Under the 2018 law, hemp was defined as marijuana containing less than 0.3% delta-9 THC by dry weight. The new law would expand that measure to include total THC, encompassing delta-8, along with any cannabinoids with similar effects to THC as determined by the HHS.
The updated definition would also ban intermediate hemp-derived products marketed for consumer use, as well as synthetically produced cannabinoids or those not naturally found in marijuana. Legal products would be capped at 0.4 mg of total THC or comparable cannabinoids per container.
The container definition has drawn significant attention from the industry, as it could render the production of certain edibles illegal. According to Cantrip CEO Adam Terry, while low-dose gummies might comply per piece, the liquid used to create them could violate container restrictions.
Jim Higdon of Cornbread Hemp expressed hope that FDA guidance will bring clarity, noting that uncertainty could cause confusion and disruption.
Lawmakers have introduced alternative proposals, including the Hemp Enforcement, Modernization, and Protection (HEMP) Act, which would permit adult sales of hemp products under strict regulations, including tamper-proof packaging, cannabinoid disclosure, and production standards. Separate legislation aims to delay the federal THC ban by two years to allow more time for industry adjustment.
As these discussions on the way forward for hemp regulation proceed, cannabis industry players like Aurora Cannabis Inc. (NASDAQ: ACB) (TSX: ACB) will take a keen interest in and await the eventual rules published.
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