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State cannabis regulators are informing congressional legislators that, in addition to providing the FDA with more regulatory power, their investigation into the absence of federal regulations for CBD products derived from hemp must consider other cannabinoids that are becoming more widely available, such as delta-8 tetrahydrocannabinol.
Last Friday, the Cannabis Regulators Association (CANNRA) sent lawmakers a letter with proposals for developing a framework for all hemp-derived cannabinoids in reply to a request for expert advice on CBD laws from major Senate and House committees. The group members’ combined experience managing state cannabis initiatives served as the basis for the application.
While CBD has received a lot of attention, all derivatives other than delta-9 tetrahydrocannabinol, including psychoactive substances such as THC-O-acetate and delta-8 tetrahydrocannabinol, were also widely deregulated when hemp was legalized federally under the 2018 Farm Bill. CANNRA argued that Congress renamed marijuana as hemp and effectively legalized it on a federal level, with no restrictions on products.
Although the DEA has stated that it views cannabinoids as illegal if they are synthesized, which is typical for delta-8 tetrahydrocannabinol, the demand for these products has grown with little enforcement. Numerous states have acted on their own to outlaw or regulate them.
The FDA has been under fire from a number of legislators and hemp stakeholders for not enacting CBD regulations, but CANNRA stated that it concurs with the FDA that it does not currently have the jurisdiction to create the kind of complete framework required for a market this complicated. According to the regulators, the FDA requires precise authority and brief timeframes for issuing regulations.
Furthermore, the association recommended that the FDA work in tandem with tribes, territories and states to ensure that regulations are not created in isolation. And states ought to have the authority to pass laws that go above and beyond federal minimum requirements to better safeguard their citizens and businesses, even though federal regulations are crucial.
The letter also offers thorough answers to some 24 specific queries outlined by the committees on the matter. These questions covered a wide range of topics, from the state of the CBD market today to the difficulties associated with the lack of regulations to the specifications for labeling and packaging.
CANNRA is not the only group that has replied to the request for information. The United States Hemp Roundtable also addressed the panel’s inquiries in a letter. In contrast to CANNRA, the group contended that Congress ought to order the FDA to act, disputing its claim that it lacks the appropriate power to create a cannabinoids regulatory framework.
The ATACH also replied with a letter stating that, although the FDA ought to regulate CBD, unregulated synthetic hemp intoxicants are the real issue. The group argued that the TTB, not the FDA, ought to regulate these goods.
Cornbread Hemp, a CBD company based in Kentucky, also gave the committees its take on the matter. In its view, the absence of FDA regulations has created a fragmented collection of state regulations that adversely affect businesses and perplex consumers.
As these anticipated regulations are codified, the market for the products commercialized by enterprises such as Advanced Container Technologies Inc. (OTC: ACTX) is likely to expand as more entities increase their cannabis production.
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