Since the legalization of Hemp under the 2018 Farm Bill, a market has grown for products that synthesize Hemp-derived compounds into intoxicants that provide a high for consumers. Manufacturers of such products claim they are legal because they were synthesized from federally legal Hemp. Because FDA and most states do not have regulations specifically addressing such Hemp-synthesized intoxicants, products containing Delta-8, Delta-10 and a synthesized version of Delta-9 are being marketed widely, and with little, if any, federal or state regulation. Consequently, such products propose a health and safety risk to consumers, and undermine state-legal cannabis programs throughout the U.S. Last week, the American Trade Association for Cannabis & Hemp issued a comprehensive policy paper calling for the regulation of Hemp-synthesized intoxicants. ATACH urged federal and state lawmakers, as follows:
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Amend the definition of hemp to account regulation for final product
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Adopt standards for all intoxicating cannabinoids, whether from marijuana or hemp
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TTB should regulate intoxicating products in adult-use settings
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FDA should provide a pathway for non-intoxicating cannabinoids such as CBD
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State labs should be provided with federal technical assistance
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Retail sales should be limited to adults 21 or over anywhere intoxicants are available
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Intoxicating cannabinoid products should be regulated in marijuana programs
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Regulators should adopt uniform testing and labeling standards
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Enforcement efforts should be supported, and regulations should promote public health and safety
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