After more than a half decade since the U.S. Congress approved the hemp plant for use, representatives of the hemp industry appeared before a congressional committee once again to demand clear federal regulation for hemp-based products. Their appeals, however, were overshadowed largely by the heated debate surrounding issues at the Food and Drug Administration.
Jonathan Miller of the Hemp Roundtable spoke at the House Oversight and Government Reform Committee’s hearing on Wednesday. He said that due to FDA’s inconsistent approach on hemp regulation, there are “avoidable” bureaucratic obstacles for the U.S. Hemp Industry.
The hearing, which was convened to address falling trust in the FDA, particularly around illicit products available to the U.S. public, quickly devolved into partisan exchanges about the impact of thousands of recent FDA employee terminations and their potential effect on food and drug safety.
Miller, the former Kentucky Democratic Party chairman, tried to highlight the struggles of hemp growers and business owners by displaying an infographic that showed the decline of the CBD industry after the FDA failed to clarify its regulatory position.
Miller explained that “Congress passed the 2018 Farm Bill which explicitly legalized the hemp plant and all its derivatives including CBD.” Miller said that just hours after the Farm Bill became law, FDA reiterated its position on the illegality of marketing CBD as a nutritional supplement.
According to him, the FDA is changing its stance on hemp.
Miller stated, “We watched FDA jiggle back and forth in its contradictory opinion. Miller testified that “first, the agency asserted its authority to regulate CBD in accordance with current law.” FDA was slow to act, even refusing congressional directives that it take immediate action.
Miller says that to satisfy consumer demand for hemp-derived cannabinoids such as Delta-8 or Delta-9 THC, an industry has emerged. It is providing a lifeline to American Farmers. Due to the absence of uniform federal standards, “scrupulous individuals” have been able to market poorly made products to children.
James Comer of the Kentucky Republican Committee questioned Miller about why the FDA refused to regulate the hemp industry and its derivatives, even though it had the legal authority to do so.
Miller’s response was, “They are back and forth.” They initially claimed that they would regulate products, but now they claim that Congress must authorize them to do so. “We dispute that.”
Miller said that the FDA already has many safeguards in place, such as provisions for mislabeled products or those with adulterations, good manufacturing practice requirements, reporting adverse events and more stringent labelling requirements.
Texas Republican Rep. Pete Sessions expressed concerns about risky products, describing them as “dangerous products that create… problems that are harmful to children,” though studies have shown that they proliferate the most in states that lack regulatory frameworks. WebMD reports that long-term marijuana use can have negative effects on the brain, including “lower IQs, slower processing speeds, memory, and attention problems.”
Miller acknowledges the problem and states that although the industry does not support the sale of these products to kids, they need regulatory assistance. As an industry, we self-regulate. U.S. Hemp Authority cracks down on internal infringements. He said that only by getting the federal government to work with the states can we eliminate this problem.
Miller said that hemp producers are united in their support of a policy that restricts youth access to the product, increases quality standards, standardizes labeling and packaging, as well as tightens up control over its production.
Miller stated that the hemp industry is unique because it comes to Congress and asks for regulation.
Hemp and derivatives were removed from the controlled substance list by the 2018 Farm Bill, which defined hemp as cannabis plants that contain less than 0.3% Delta-9THC. Statehouses have come up with their own frameworks to regulate cannabis plants in absence of federal intervention.
Miller ended by urging Congress to take into consideration Sen. Ron Wyden’s legislative efforts, or invest in more state authority to regulate markets properly if FDA delays action.