CBD producers push back against ‘devastating’ farm bill amendment

Dive Overview:

• Companies that manufacture CBD-infused products include: Republican Farm Bill Amendment This would restrict the sale of foods and drinks that contain cannabinoids that are not naturally derived from marijuana.
• The amendment was passed by the House of Representatives earlier this week. $1.5 Trillion Farm Bill Proposalsaid the definition of hemp should be changed to only recognize the Cannabis sativa L. plant and its derivatives with a THC content of less than 0.3 percent. This would exclude hemp-derived synthetic cannabinoids, such as delta-9 THC, that are not naturally produced in the cannabis plant.
• “Copycat” marijuana products, such as sodas and carbonated drinks, are being created using synthetic cannabinoids like delta-9 and are being sold through loopholes in current laws. This allows these products to be shipped across state lines.

Dive Insights:

The 2018 Farm Bill legalized the nationwide sale of cannabis to help farmers generate new revenue streams, but synthetically produced, more potent cannabis products with higher THC levels are technically legal.. This proposed amendment aims to close that loophole.

Companies that make cannabinoid products see the House amendment as another obstacle in their long-running effort to sell food and beverages containing the drug nationwide.

If passed, the bill would be a “devastating” blow to the CBD industry, according to Brittany Hallett, vice president of marketing at CBD gummy maker Slang Worldwide.

“These products are not about finding loopholes or getting people high, but about safe access to natural health,” Hallett said. “There are certainly loopholes in the cannabis industry that should be explored, but this is not the right way to go, and it’s a classic example of lobbying gone wrong and being persuaded by big business’ agenda.”

Some in the cannabis industry question hemp loopholes and a lack of oversight.

Leili Fatehi, partner and president of cannabis government relations firm Brandt Strategies, said the production of synthetic cannabinoids like Delta 9 lacks standard safety testing measures, creating a regulatory grey area.

““Rather than resisting these changes, the U.S. cannabis industry should proactively engage with lawmakers to shape these emerging regulations,” Fatehi said. “This approach will ensure that as the industry evolves, it does so in a way that is responsible and leads to long-term growth.”

Some federal lawmakers oppose closing the hemp loophole.

in In a statement to Politico last monthSen. Ron Wyden, a Democrat from Oregon, a marijuana-growing state, said the measure was a step backwards and would not prevent consumers from accessing THC-containing drugs.

Several manufacturers of hemp-infused foods and beverages are using cannabinoids such as delta-9 to circumvent federal law.

Earlier this year, Jones Soda launched its Mary Jones HD9 craft sodas, which use hemp delta-9 in flavors like root beer and berry lemonade. The sodas, which contain 2.5, 5, and 10 milligrams of THC per can, have allowed the soda brand to expand its soda offerings in most states. Curaleaf, the largest cannabis company in the U.S., is also set to launch a line of drinks with 5 milligrams of delta-9 THC. Politico reported.