Cannabis and hemp have been in a government purgatory for years, patiently waiting for the feds to decide their fates. The path to federal cannabis rescheduling is paused indefinitely. Meanwhile, a proliferation of legal intoxicating hemp-derived products, thanks to the 2018 Farm Bill, has caused states to take a piecemeal approach to policy (much like cannabis). While these products have exploded in popularity, questions around product safety and a lack of unification have caused concern.
Today, hemp finally had a day in court, seeing an industry expert testify before Congress, begging a panel to properly regulate his industry’s products.
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The hearing, titled Restoring Trust in FDA: Rooting Out Illicit Products, was in front of the House Oversight and Government Reform Committee. Jonathan Miller of the U.S. Hemp Roundtable was one of the four expert witnesses called. The national trade organization has long advocated for FDA action on his industry.
In his opening remarks, Miller said the hemp industry has “watched in bewilderment as FDA has jerked back and forth with contradictory opinions.” He pointed to the agency affirming their authority to regulate hemp and then backpedaling later, arguing they need Congressional permission. Miller argued that the inaction has been a major detriment to the industry, American farmers, and consumers.
“We as an industry are begging…”
Miller’s presence was largely muted after his statement, overshadowed by other Committee business. But there were glimmers of pot talk.
Rep. Pete Sessions of Texas addressed the hemp industry at one point early in the hearing, arguing that delta-8 is a “dangerous product.” He pointed to singer Elton John’s recent criticism of marijuana legalization as “telling” and said he was closely watching the hemp industry. However, he offered no actual questions to the witnesses.
Committee Chair Rep. James Comer of Kentucky briefly addressed hemp. He asked Miller how the FDA has regulated products like CBD, who replied point blank, “They haven’t.”
“We as an industry are begging for that regulation,” Miller stated.
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When pressed on the inaction of the FDA, Miller added, “There currently are a number of safeguards under current law that the FDA could use and has chosen not to use within the Federal Food, Drug and Cosmetic Act.”
Miller cited several examples of policies from the Act, including packaging and labeling requirements, but the Committee did not push the issue further.
Later, Rep. Tim Burchett of Tennessee again addressed the safety of intoxicating hemp, pointing to reports of children being hospitalized after ingesting THC.
“How are we expected to trust y’all?” Burchett asked, specifically calling out the industry condoning the sale of delta-8.
“We do not condone the sale of products like that to kids,” Miller replied. “That’s 100 percent.”
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Miller added that many operators in the hemp space have gone above and beyond to ensure product safety, but government regulation will be crucial to solving the problem of underage access.
“The point of my testimony is that we need to get the FDA engaged to get these products out of the hands of children,” Miller reiterated.
While hemp may have been overshadowed by other issues at the committee hearing, Miller made a strong argument for FDA action. The topic may not be a priority for the agency, something that became apparent after recent announcements from the White House. But given the compelling testimony regarding product safety, it could reignite conversations regarding cannabis policy as a whole.
