Democratic senators have taken a significant step toward regulating hemp-derived cannabinoids by introducing a new bill aimed at establishing a federal regulatory framework while allowing states to set their own rules for products like CBD. The legislation, spearheaded by Senators Ron Wyden (D-OR) and Jeff Merkley (D-OR), comes at a pivotal moment as the hemp industry grapples with new challenges following the signing of a spending bill by President Donald Trump that includes provisions to recriminalize consumable cannabinoid products.
The proposed legislation, the Cannabinoid Safety and Regulation Act, seeks to impose limits on THC levels in hemp products for states that do not enforce their own regulations. Specifically, the bill allows up to 5 milligrams of THC per serving and a total of 50 milligrams per container for most products, while hemp beverages could contain up to 10 milligrams per container. Furthermore, the Food and Drug Administration (FDA) would gain the authority to enforce safety standards, ensuring that hemp products are not marketed to children.
Senator Wyden emphasized the need for a more protective approach to safeguard both children and consumers from untested hemp products. He criticized the prior blanket ban approach, stating that it would negatively impact jobs and small businesses. Senator Merkley added that a one-size-fits-all ban would hinder research and development within the industry, pushing for the establishment of clear guidelines on hemp products akin to those for other consumer goods.
The legislation requires businesses selling hemp products intended for human consumption to register with the FDA and comply with safety regulations, including restrictions on sales to individuals under 21 years of age. The bill also aims to create a $125 million grant program under the U.S. Department of Health and Human Services to prevent underage consumption of intoxicating cannabinoids.
In addition to allowing states to impose stricter regulations, the legislation mandates federally recognized labeling requirements for all hemp products and aims to establish guidelines for the remote sale and distribution of such items. The FDA would have to publish rules within 18 months of the bill’s enactment to address youth access and good manufacturing processes within nine months.
Moreover, the bill seeks to clarify the concept of total THC content, addressing potential ambiguities that have resulted from the current definitions. It specifies that total THC includes all forms of THC present in products, potentially impacting a wide range of hemp products available in the market today.
The proposed regulations aim to balance public safety with industry growth, allowing for a pragmatic regulatory environment that stakeholders believe could prevent an outright ban that would significantly threaten the hemp industry. Support from various industry leaders reflects a hopeful perspective that Congress will find common ground to facilitate sensible regulation of hemp cannabinoids.
As businesses and consumers await the implications of the bill, the introduction of this legislation represents a crucial moment for the hemp industry, bringing potential for a sustainable and regulated future. The road ahead will require careful consideration and collaboration among lawmakers, industry stakeholders, and public health advocates to ensure a framework that protects consumers without stifling innovation.