This post was originally published on this site.
This guest column is from Scott Mazza, co-founder of Buffalo-based Vitality CBD. The views and opinions expressed in this article are those of the author, and do not necessarily reflect the views or positions of NY Cannabis Insider.
Farm Bill 2023 is now Farm Bill 2024. The five-year omnibus agricultural policy expired this year and many – myself included – eagerly awaited changes. This is because the last version of the bill legalized hemp but left some elements unclear, including the legality of hemp-derived cannabinoids and the regulatory pathway of cannabidiol (CBD).
However, any changes to the bill will need to wait another year. Let’s dive into the bill’s extension and what it means for CBD producers, consumers, and regulators.
What’s happening with the Farm Bill
In November’s emergency funding bill to avert a government shutdown, the Farm Bill received a year-long extension until September 2024. It’s a bittersweet moment for those of us following along. Without the extension, the funding for some farm programs would have expired at the end of the year. But another year under the conditions of Farm Bill 2018 equates to an extension of uncertainty for CBD.
Of particular concern is the legal limbo surrounding Delta-8 THC, a hemp-derived psychedelic cannabinoid facing bans in 20 states. This is despite last year’s federal appeals court declaring Delta-8 THC derived from hemp as “lawful” and eligible for trademark protection. As I wrote last year for NY Cannabis Insider, the judges noted that “it’s for Congress to fix its mistake” if Delta-8 THC’s legalization was an unintended consequence of Farm Bill 2018.
Unfortunately, all evidence points to lawmakers dragging their feet on this issue. The Farm Bill “expired” on September 30 and neither the House nor Senate agriculture committees had yet released their drafts of the 2023 update. Additionally, Delta-8 THC is just the tip of the cannabinoid iceberg. Currently, legal hemp is also used to create Delta 10, THC-O, THC-A, THC-X, and a slew of other hemp-derived cannabinoids. Without draft legislation and a 12-month extension, the waiting game for answers continues in the new year.
What’s next for producers, consumers and regulators
So, what now? For producers, the bill’s extension means navigating another year of ambiguous regulations. Worse, the lack of clarity hampers planning and innovation, limiting the industry’s growth potential. I suggest producers stay onside of current rules with independent testing. Prove your products meet the legal definition of hemp and contain 0.3 percent or less of Delta-9 THC. And, while you’re at it, show your customers that your products hit purity and potency limits as advertised.
For consumers, check local laws and only buy from reputable brands. Remember, the 2018 bill opened the hemp floodgates and saw the arrival of low-quality producers. Ensure the quality of your cannabinoid products by selecting producers with organic methods and third-party testing. A good tip is to look for products with an organic seal of approval from a relevant government body. Gaining this certification requires a genuine commitment to high standards. Also, if the producer doesn’t show their product test results, ask for them.
For regulators, take the next 12 months seriously. Engage with the industry in good faith about hemp-derived cannabinoids in Farm Bill 2024. Recognize that clear legal guidelines can better protect consumers and encourage industry growth. In this sense, it’s heartening to see groups like the Cannabis Regulators Association share a clear set of demands with Congress. For example, this letter in September calls for adding a definition for “hemp-derived cannabinoid products” and clarifying the Delta-9 THC limit of hemp in the Farm Bill.
The regulatory roadmap in 2024
Besides extensions and delays, this year did bring some regulation developments. The FDA, for example, concluded that CBD “needs” its own regulatory pathway, finding that existing frameworks for foods and supplements are “not appropriate” for the compound. Further, the FDA denied industry petitions to allow CBD marketing as a dietary supplement.
I certainly disagree with this last element – especially considering the evolving research into CBD’s benefits in the gym and overall wellness – but find some common ground with the decision. Namely, the agency emphasizes the necessity of safeguards to ensure CBD’s purity and potency. In a landscape notorious for bad actors and dodgy products – including some with traces of pesticides and heavy metals – better production oversight is a must.
We’ll have to wait another year to see what happens next. I’m hopeful, however, that social and scientific progress is on our side. As I’ve written about time and again this year for NY Cannabis Insider, scientists are only scratching the surface of what hemp-derived cannabinoids can do. From fibromyalgia to anxiety and sleep, scientists are demonstrating the positive benefits of CBD in the lab.
At the very same time, public perception is moving in the right direction. In 2023, one-quarter of respondents in this study are either currently using CBD products as part of their lifestyle routine or are interested in trying them. Further, 70% of Americans now support the legalization of marijuana – a clear indicator of diminishing stigma and evolving attitudes.
I believe that, with more research and greater public support, regulators will give our industry the respect it deserves. Positive scientific breakthroughs and a sympathetic public can only help the political cause of hemp and its myriad cannabinoids.