Federal department issues unexpected hemp rule

federal hemp update

Since the first company thought to derive intoxicating cannabinoids from legal hemp flower, grey area THC products have snowballed. Now, THC drinks, gummies, and all sorts of other products are available online, in smoke shops, and even at the bodega or corner store. The topic divides the cannabis industry. Some brands launched hemp lines while others remain staunchly opposed.

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Federal hemp update? Kind of

Louisiana and other state governments have filed regulatory bills around the industry–others opted to ban hemp THC sales. Meanwhile, the federal government has remained in limbo awaiting the updated Farm Bill. The long-awaited update is set to be introduced early this year.

Some lawmakers hope to “close the loophole that legalized intoxicating hemp products” with the bill, according to a social post by U.S. Representative Mary Miller (IL-R).

While no definitive laws have been put in place, the U.S. Department of Health and Human Services (HHS) issued a relevant vocabulary ruling. The weird part? It has nothing to do with regulating the space.

The new lexicon comes by way of a workplace drug testing rule update and marks one of the first of its kind from the HHS. Before now, the department referred to all relevant compounds as THC, but newly adopted terminology reflects the many shades of the psychoactive cannabinoid.

Delta-9 THC, delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA), and other iterations of THC derived from Farm-Bill-legal hemp will now be referred to as such rather than fall under the THC umbrella.

The new HHS hemp abbreviations are:

  • Δ9THC in place of THC
  • Δ9THCC in place of THCA

Compounds like delta-8 and delta-10 THC will be represented by the respective number (Example: Δ8THC). There is no indication that the department regards hemp-derived-delta-9 any differently than other delta-9.

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The rule addressed other drugs to be added or removed from its testing panel. MDMA was proposed to be removed and fentanyl added to employee drug screenings.

This seemingly small move marks a shift in understanding. Federal officials are beginning to clear the haze of an opaque space, even if it is just for employee drug tests right now. As hemp companies wait with bated breath for the new Farm Bill rules, the HHS is getting its vocab straight with this federal hemp update.

Cara Wietstock is senior content producer of GreenState.com and has been working in the cannabis space since 2011. She has covered the cannabis business beat for Ganjapreneur and The Spokesman Review. You can find her living in Bellingham, Washington with her husband, son, and a small zoo of pets.