New House Bill Would Regulate—Not Ban—Hemp-Derived Cannabinoids

House Committee on Energy and Commerce Subcommittee on Health Chair Rep. Morgan Griffith (R-VA) and Rep Marc Veasey (D-TX) have introduced the Hemp Enforcement, Modernization, and Protection (HEMP) Act (H.R. 7212), Griffith announced in a press release last Thursday. The bill would allow for a regulated market in both intoxicating and non-intoxicating hemp-derived cannabinoids.

The new measure comes as the clock is ticking on the hemp industry. A provision added to the bill ending the federal government shutdown last November would effectively eviscerate the industry this coming November by mandating a ban on "any final hemp-derived cannabinoid products containing … greater than 0.4 milligrams combined total" of THC or "any other cannabinoids that have similar effects (or are marketed to have similar effects)."

Earlier this month, a bipartisan group of lawmakers filed a bill to delay the imposition of the hemp ban for another two years, but such legislation is only a stop-gap measure. For the industry to survive, some sort of regulatory approach needs to be adopted, whether it takes the form of the Griffith-Veasey bill or not.

The bill would allow for the sale of hemp-derived cannabinoid products, such as edibles, vapes, and beverages, to people 21 and over, with certain restrictions on packaging and labeling requirements, including listing all cannabinoids present.

The bill bars combining hemp cannabinoid products with alcohol, caffeine, tobacco, nicotine, or other substances "with effects that could interact with cannabinoids or enhance or alter their effects."

The measure gives the Department of Health and Human Services (HHS) three years to enact rules setting limits on cannabinoids in hemp products. If HHS fails to act within that deadline, the bill sets default caps for intoxicating cannabinoids at 5mg per serving and 30mg per package—much higher than in earlier drafts of the bill but still too low for some hemp interests.

For oral hemp products, such as edibles and gummies, with non-intoxicating CBD, the cap would 10mg per serving and 50mg per package. For vapes and topical, the cap would be 100mg per serving and 500mg per package.

The bill would also create a Cannabinoid Hemp Products Advisory Commission to come up with recommendations for THC caps. And it would give the FDA the authority to order cannabinoid product recalls.

"Despite raising repeated concerns about the ongoing confusion regarding the safety, consumption and sale of CBD-containing products until a discussion draft of this bill was circulated, I believe we have yet to see meaningful progress at the federal level," Griffith said in the statement. "I am proud to lead the effort in the House along with Representative Veasey to present a path forward for the federal regulation of CBD products. After discussions with stakeholders, federal officials and other relevant authorities, I believe the HEMP Act is a positive step forward to deliver federal clarity to the American hemp landscape, protecting consumers and providing a stable marketplace for legitimate producers. I look forward to working with my colleagues, the Trump Administration and the FDA to perfect this bill."

The industry group the US Hemp Roundtable said in a statement that the bill is "an important starting point" but that "it requires significant improvements before it can effectively serve the needs of the hemp industry."

"The US Hemp Roundtable is deeply grateful to Congressman Morgan Griffith for his introduction of critical legislation to robustly regulate hemp products.  We have been very impressed with the Congressman’s continuing willingness to listen to the input of hemp farmers and businesses, as well as to the millions of consumers, seniors, and veterans who overwhelmingly favor regulation over prohibition.  We also appreciate his openness to the need for substantive improvements to the bill before it is formally considered," said Jonathan Miller, the group's general counsel.

At least one major edibles operator was praising the bill.

"Over the past six months, American farmers, veterans, consumers, and the broader domestic supply chain have been put at risk—not by science, but by misguided rhetoric, fear-based narratives, and competing interests that failed to serve the public good. This legislation marks a meaningful course correction," Edibles.com Executive Vice President Thomas Winstanley said in a press release.

"At a time when consensus in Washington is rare, the bipartisan support behind this effort speaks volumes," he said. "It reflects both the importance of these products to millions of Americans and a shared recognition that smart, balanced regulation can protect public health while strengthening domestic agriculture and economic opportunity."

And let the next round of lobbying commence.