(The Hill) — A last-minute amendment slipped into the bill that ended the government shutdown has thrown the hemp industry and its consumers into a panic as popular products stand to be banned in a year.
The amendment, which is set to go into effect in a year, bans the sale of hemp products with over 0.4 milligrams per container of total delta-9-tetrahydrocannabinol (THC) — a psychoactive cannabinoid, or compound found in the cannabis plant. It also instates the same milligram cap for cannabinoids with similar effects in products, and bans cannabinoids synthesized or manufactured outside of the plant.
The Food and Drug Administration (FDA) will publish a list within 90 days that includes synthetic and natural cannabinoids and define “container,” essentially clarifying which products will be banned.
“The products on the market, which are beverages, tinctures, lotion, gummies, flowers, smokeables, these products all have a variety of hemp-derived cannabinoids in them,” Michelle Bodian, general counsel and head of regulatory affairs at Nowadays, a company that sells THC-infused drinks, said. “Based upon this [bill’s] language, most of those products will not continue to be permitted one year from now.”
The bill does not ban the sale of non-intoxicating cannabidiol (CBD) and industrial hemp products. But the hemp industry’s most popular items are at risk of being removed from shelves.
Here are four hemp-infused products that may be banned by Congress under the bill.
Gummies
Cannabinoid-infused gummies have rapidly risen in popularity as people increasingly use them for leisure and health purposes. These gummies allow consumers to experience a “high,” making them a popular edible item used for relaxation.
But these gummies have recently seen success by people using them to get better sleep. Several brands specifically manufacture sleep gummies, including Cornbread Hemp, Huxleys Remedies, Kiva Confections, Wyld and more.
The gummies promote sleep by enhancing consumers’ moods and helping them relax. They can also help with pain relief.
Gummies exceeding the limits introduced in the bill‘s provision would likely be banned, though not all hemp-infused gummies would be. Gummies with hempseed oil, or oil extracted from hemp plant seeds, would likely remain for sale since they do not contain any cannabinoids.
THC-infused drinks
THC-infused drinks have also experienced a boom in the past year, which Bodian attributes to lower alcohol consumption rates.
“There is a desire right now to have kind of a functional beverage, a functional product that affects the body, and THC, in particular, the studies and science reports it does provide an effect on the body,” Bodian said.
Like gummies, THC-infused drinks can both provide a “high” and help with relaxation. Both the gummies and the drinks can contain different types of THC, such as delta-8.
Delta-8 is a compound often created synthetically since it occurs naturally in very low amounts. It’s less potent than the more heavily regulated delta-9 compound and popular across drinks such as THC-infused wines and seltzers.
Since delta-8 is a synthetic cannabinoid, Bodian said most THC-infused drinks would likely be banned under the provision.
Vapes
Bodian said vapes now also include cannabinoids, which include customized amounts of THC for users to achieve the best effect. People can use it in place of nicotine-based vapes or bongs. The product’s portability has made it popular, as have the various flavors it can come in.
Like most hemp industry products, vapes can contain CBD or THC, meaning they can be non-intoxicating or intoxicating. Use of either kind of these vapes can come with side effects, including drowsiness or dry mouths. THC vapes can also produce side effects associated with “highs” from cannabis use, including paranoia and increased appetite.
CBD vapes technically won’t be affected by the new bill, nor will most CBD products. But Bodian said the industry as a whole would experience a chilling effect and a potential decrease in cannabis production.
“The entire supply chain, from seed to retail could be potentially impacted a year from now,” Bodian said. She added that farmers, for example, may choose to scale back their production of hemp plants or that processors may decide not to make a product due to a decrease in their consumer base.
Tinctures and creams
Body oils and lotions have emerged as an unusual home for THC infusions, building up a dedicated base of product users.
THC-infused oils are advertised as having calming effects and potential therapeutic benefits. Brands sell full-spectrum, broad-spectrum and isolate versions of these oils — a rule of thumb that can also be applied to most THC products.
Full-spectrum products contain THC and other compounds while broad-spectrum products contain cannabinoids (which can be synthetic), but not THC. Meanwhile, isolate products contain only one type of THC, such as delta-8 THC.
Lotions can also contain THC, which early research suggests could be used to treat allergic reactions affecting the skin.
Bodian said the extent of products affected by the bill won’t be clear until the FDA publishes its list on cannabinoid products.
“Any cannabinoid that isn’t on the list that’s forthcoming from the FDA would not be compliant,” she said. “Even if the cannabinoid is on the list, if it’s manufactured in such a way, it would be prohibited.”