REP. MORGAN GRIFFITH RELEASES DRAFT HEMP BILL

Written By Christopher Lackner

tRep Morgan Griffith (R-VA) began circulating a draft standalone piece of federal legislation that would affirmatively allow and regulate consumable and inhalable hemp products. Here’s a quick summary of the 57-page draft:

  • Hemp consumable hemp products will be expressly permitted, including beverages, and regulated by FDA

  • Establishes milligram thresholds for total intoxicating cannabinoid content

  • Amends and reorganizes Food Drug & Cosmetic Act (FDCA) to create a new chapter for cannabinoid hemp products

  • Prohibits any added substance, such as alcohol, caffeine, tobacco, nicotine, melatonin or another substances with effects that could interact with cannabinoids or enhance or alter their effects

  • Provides labeling requirements including content per serving and per package of CBD (even if absent), total naturally occurring intoxicating cannabinoids (even if absent), and all cannabinoids present

  • Requires QR code linking to a certificate of analysis (COA)

  • Requires tamper evident packaging, but HHS can set requirements for tamper evidence and child safety packaging

  • Prohibits packaging that is attractive to people under 21

  • Implements manufacturing and testing standards including facility registration

  • Creates a cannabinoid hemp product list

  • Creates a hemp product advisory committee

  • Requires HHA to issue a rule specifying the milligram limits for cannabinoid product types

  • Hemp beverages than contain non-intoxicating cannabinoids can have up to 10mg per serving

  • Hemp beverages with intoxicating cannabinoids have a limit of .2 milligram per serving.

This is not yet an official bill release as his office is still gathering input and feedback. Interested stakeholders are encouraged to contact info@hempbeveragealliance.org with their recommendations, as HBA will be gathering and compiling these comments over the next several weeks.

Although there is much to improve in this working draft, we are thrilled to see positive regulatory language coming out of DC. We look forward to continuing to work with Rep. Griffith’s office to further develop this legislation.

And hats off to Michelle B., HBA’s general counsel, for her excellent analysis of this bill.

Christopher Lackner
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From State to Federal: What’s Next for Hemp-Derived THC?