More than half a decade after the U.S. Congress legalized the plant, hemp industry folks once again sat before a legislative committee to ask for clear federal regulations for hemp products. However, their appeals were largely overshadowed by heated debate around issues within the Food and Drug Administration itself.
During a House Oversight and Government Reform Committee hearing on Wednesday, Jonathan Miller, general counsel for the Hemp Roundtable, testified that the U.S. hemp industry continues to face “avoidable bureaucratic headwinds” due to FDA’s inconsistent stance on how to regulate it.
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.
Amid the infighting, Miller, a former chairman of the Kentucky Democratic Party, did his best to point out the plight of hemp farmers and businesses, displaying a chart showing the collapse of the CBD market following the FDA’s failure to provide regulatory clarity.
“When Congress passed the 2018 Farm Bill, it explicitly legalized the sale of hemp and its derivatives, such as CBD,” Miller said. “But just a few hours after the Farm Bill was signed into law, the FDA reasserted its opinion that it was illegal to market CBD as a dietary supplement.”
He attributed the decline to FDA’s shifting positions on hemp regulation.
“We’ve watched in bewilderment as FDA has jerked back and forth with contradictory opinions,” Miller testified. “First, the agency affirmed its ability to regulate CBD under current law. But then FDA stalled, even ignoring congressional appropriations report directives to take expedited action.”
According to Miller, a promising new industry focused on hemp-derived cannabinoids like Delta-8 and Delta-9 THC has emerged to meet consumer demand, providing a lifeline to American farmers. However, the lack of uniform federal quality control standards has allowed “unscrupulous actors” to distribute poorly manufactured products sometimes inappropriately marketed to children.
Committee Chairman James Comer, a Republican representing Kentucky, questioned Miller on why the FDA has refused to regulate hemp and its derivatives despite having the authority to do so and despite industry requests for oversight.
“They’ve gone back and forth,” Miller responded. “They initially said that they were going to regulate products and then they have now claimed they need to have congressional authorization to allow them to regulate that. We dispute that.”
Miller explained that existing laws already provide numerous safeguards the FDA could implement, including provisions against mislabeled or adulterated products, requirements for good manufacturing practices, reporting of adverse events, and stricter labeling 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. He referenced WebMD information suggesting marijuana use over several years causes brain effects like “lower IQ, slower processing speed, memory and attention issues.”
Miller acknowledged the problem, stating that the industry strongly opposes selling these products to children but needs regulatory help. “We do our self-regulation as an industry. Our U.S. Hemp Authority helps crack down internally. But only if we get the federal government working with the states will we ensure that this problem goes away,” he said.
Miller stressed that the hemp industry is united behind an approach that includes restricting youth access, increasing quality control standards, standardized labeling, and standardized packaging.
“The hemp industry may be unique in that we are coming to Congress to ask please regulate us,” Miller said.
The 2018 Farm Bill removed hemp and its derivatives from the list of controlled substances, defining hemp as cannabis plants containing less than 0.3% Delta-9 THC. Since then, statehouses across the country have implemented their own regulatory frameworks in the absence of federal action.
Miller concluded by encouraging Congress to consider Sen. Ron Wyden’s legislative efforts or to invest more authority in states to properly regulate their own markets if the FDA continues to delay action.