The U.S. Hemp Roundtable recently sent a letter to Senators Chuck Schumer, D-NY, Ron Wyden, D-OR, and Cory Booker, D-NJ, to discuss issues with the Cannabis Stewardship and Opportunity Act ( CAOA) which was presented by the three . According to the letter, certain provisions now contained in the proposed legislation could decimate the industry if they become law.
A central problem is how to determine at what level THC can be considered a minor constituent and where it crosses the line to become an intoxicant.
The definition of “industrial hemp”.
Current federal law defines “industrial hemp,” the source material of hemp/CBD dietary supplements and foods, as having less than 0.3% delta-9 THC by dry weight. Growers, botanists and agronomists have invested a significant amount of time and capital in recent years to develop cultivars and ways of growing them that can meet this standard. Despite this accumulated experience, crops can and still do “hot”, meaning they express too much THC, requiring them to be destroyed.
Even with this effort, THC still appears in over-the-shelf CBD products, especially those labeled as “full spectrum.” At one time, the trend in the industry was towards these types of products, because it seemed that the US Food and Drug Administration was inclined to view CBD isolate as a form of drug.
Now the residual THC naturally contained in a full-spectrum industrial hemp extract may become an Achilles heel. The CAOA bill states that a product must have less than 1 mg of delta-9 THC per 100 grams to be considered non-intoxicating.
How to define “intoxication”
Jonathan Miller, general counsel of the US Hemp Roundtable, said this particular provision appears to be somewhat arbitrary and could prove impossible for many manufacturers to comply with.
“From what I understand, they just wanted it to be as close to zero as possible. There’s no science behind it,” Miller told NutraIngredients-USA.
The letter praised the formation of a panel in Colorado to study this issue.
“We are not aware of any studies or scientific data suggesting that a limit of 1 mg THC/100 g is appropriate for hemp products. States that have struggled to define intoxication have called for a much higher line of demarcation. But the most effective solution we’ve found is in Colorado, which recently created an expert commission to develop standards based on science and industry experience,” the letter states.
Miller said the Colorado panel has only just begun meeting, so there are no results to point to yet. But that kind of collaborative approach, rather than drawing lines in the sand, is what’s called for at the federal level. Still, the group does not advocate state-by-state solutions per se.
“Each state could come up with its own standards,” Miller said.
The letter includes proposed draft language for the creation of such a group, which should include members of the FDA, NIH, industry and academia. The draft proposes a deadline of 120 days for issuing a report.
Additional concerns
In addition to the poisoning question, the letter also reiterates concerns previously communicated to lawmakers, including:
Extending protections to all hemp derivatives and non-intoxicating cannabinoids, rather than just CBD. Allow companies to use all forms of safety assessments permitted by law, rather than mandating the use of New Dietary Ingredient Notifications (NDINs). (This would allow hemp companies to submit self-asserted GRAS notices.) Provide a more comprehensive regulatory process for determining potential CBD daily serving limits to ensure broad stakeholder input. Open an additional avenue for the sale of hemp extracts such as CBD as food and beverage ingredients.Ensure separate regulatory pathways for non-intoxicating hemp and intoxicating cannabis products.
Miller said the bill is unlikely to pass this year, but could be very influential in laying the groundwork for future legislation.
“We appreciate the bill developing an avenue for the sale of CBD as a dietary supplement, but we believe the regulatory regime is too restrictive. CBD should be treated like any other dietary ingredient,” Miller said.