With the clock ticking on a federal hemp-THC ban, two congressmen late last week introduced a bill that would create a first-of-its kind regulatory framework for the category.
Rep. Morgan Griffith (R-Virginia) and Rep. Marc Veasey (D-Texas) introduced the Hemp Enforcement, Modernization and Protection (HEMP) Act that would authorize the Food and Drug Administration (FDA to regulate) hemp-derived THC products, such as beverages and edibles, including those made with cannabidiol (CBD).
The bill would only regulate hemp-derived products, and not cannabis, by crafting a regulatory structure that is “designed to create a future for American hemp products,” Griffith said in a statement.
A couple of weeks ago, a different bipartisan bill was introduced that would extend the timeline on the pending hemp-THC ban until November 2028, instead of this November, potentially giving legislators more time to draft regulations for the products. Griffith is also a co-sponsor of that bill.
Advocates for the industry, one that represents a growing opportunity for convenience retailers, applauded the bill’s introduction.
“The HEMP Act represents an opportunity to establish a durable federal framework that the hemp industry can build upon,” said Diana Eberlein, chairwoman of the Coalition for Adult Beverage Alternatives. “We look forward to working with Congressman Griffith and policymakers to strengthen this foundation and help deliver a regulatory approach that protects consumers, supports innovation and provides regulatory certainty for businesses nationwide.”
The U.S. Hemp Roundtable, however, noted that a two-year extension on the ban must first be secured before a regulatory framework can be drafted.
“While the HEMP Act is a step forward toward a long-term federal framework, there is still substantial work ahead to ensure it is workable, fair and effective,” the coalition said in a statement.
The HEMP Act would require the FDA to initiate a rulemaking process to set milligram limits on hemp-derived THC products. If the FDA fails to release a final rule within three years of the measure taking effect, federal law will automatically establish a 5-milligram limit per serving and 30-milligram limit per package, Griffith said in a statement.
The 2018 Farm Bill legalized the sale of products containing less than 0.3% THC by weight nationwide. A number of states have crafted their own regulations for the segment. Retailers including Circle K, independent c-stores, the Sprouts Farmers Market grocery chain and many others have begun selling hemp-THC beverages.
For its part, convenience-retailing trade organization NACS said it supports regulating the intoxicating hemp-THC segment, not banning it.
“In some states, hemp-derived products are a growing in-store category,” NACS noted on its website in January. “An outright ban on these products could result in the growth of an illicit market similar to illicit vape products. To maintain a level playing field, NACS supports regulation of these products to ensure they are sold legally and responsibly.”
CSP's C-Store Cannabis Forum takes place March 23-25 near Chicago. Learn more about the event here.
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.