California Cannabis Industry Association white paper discusses the dangers of unregulated hemp products

The California Cannabis Industry Association has released a white paper addressing the state of the cannabinoid market. The white paper, entitled PANDORA STAGE The Dangers of a National Unregulated Hemp-Derived Intoxicating Cannabinoid Market, with lead author Tiffany Devitt and other contributors, calls the hemp industry a public health crisis. “While cannabis and its derivatives remain illegal federally, massive loopholes in the state definition of hemp are being exploited by ‘hemp’ product manufacturers to sell extremely potent, often chemically synthesized, intoxicants that are more potent than anything sold in licensed cannabis dispensaries available.” Paper states in its summary.

The main focus of the report relates to the general approval of the 2018 Farm Bill, which approved both hemp material and by-products. “Industry stakeholders widely believed that the 2018 Farm Bill was aimed at legalizing non-intoxicating hemp products like CBD. However, a recent court decision confirmed that Congress may or may not have left the barn door open,” the report said. “On May 19, 2022, the Ninth Circuit Court of Appeals entered its decision in AK Futures, LLC v. Boyd Street Distro, LLC, 35 F4th 682 (Cir. 9, 2022), upholding a district court decision that products, the Delta-8 THC is legal under the Farm Bill because it meets the legal definition of industrial hemp—although it can get consumers high.”

The white paper addresses four main recommendations to address this issue. First, federal certification is required. “Cannabis needs to be legalized and regulated at the federal level, and all plants grown for their cannabinoid content should be subject to similar regulations, rather than an arbitrary, impractical THC limit,” the recommendation reads.

Second, the paper calls for an amendment to the 2018 Agriculture Act to close existing loopholes. Third, to require the US Federal Drug Administration (FDA) to “approve or disapprove novel or synthesized cannabinoids not found in commercial quantities in the plant.”

Finally, the paper calls on the state of California to immediately enforce existing consumer protection laws. “Given the lack of federal leadership in cannabis policy, California has an opportunity to set an example for other states by creating and implementing a coherent regulatory framework that encompasses all plants grown for cannabinoid content and not for industrial purposes. Now is the time.”

In March, Delta 8 cannabis blooms were spotted at a Missouri farmer’s market — just one example of how some growers are taking advantage of the gap. That same month, Georgia lawmakers nearly voted on a misleading Delta 8 bill.

In May, the FDA issued warning letters to five companies misselling Delta-8 products. “The FDA is very concerned about the growing popularity of delta-8 THC products being sold online and in stores nationwide. These products often include claims that they treat or alleviate the side effects associated with a variety of diseases or medical disorders, such as cancer, multiple sclerosis, chronic pain, nausea and anxiety,” said Janet Woodcock, MD, the FDA’s chief deputy commissioner. It is extremely worrying that some foods are packaged and labeled in a way that is appealing to children. We will continue to protect the health and safety of Americans by monitoring the marketplace and taking action when companies are illegally selling products that pose a risk to public health.”

Child safety is a particular concern but remains an ongoing issue. On Oct. 27, NBC Washington reported that seven middle school students in Virginia got their hands on Delta-8-THC edibles. Virginia Attorney General Jason Miyares released a statement on the matter. “We’re trying to turn it off. We don’t want it ending up in the inbox of someone who’s Halloween trick-or-treating,” he said.