Dive Brief:

• Companies that produce CBD-infused products are pushing back against a GOP farm bill amendment that would limit their ability to sell food and beverages containing cannabinoids that are not naturally derived from marijuana.
• The amendment, included earlier this week in the House of Represenatives’ $1.5 trillion farm bill proposal, said the definition of hemp should be changed to allow only the cannabis sativa L. plant and its derivatives under 0.3% THC. This would exclude synthetic cannabinoids derived from hemp that are not naturally produced in the cannabis plant, including delta-9 THC.
• “Copycat” marijuana products made with synthetic cannabinoids like delta-9, such as sodas and seltzers, have been created. They are sold through a loophole in the current law that allows these products to be shipped across state lines.

Dive Insight:

The national sale of hemp was legalized in the 2018 farm bill to help farmers create an additional revenue stream. But more potent hemp products containing higher amounts of THC — created through a synthetic process — are technically legal. This amendment seeks to close that loophole.

Companies producing cannabinoid products view the proposed House amendment as another hurdle in their drawn-out attempt to sell food and beverage products nationwide containing the drug.

The passage of the bill would be a “devastating” blow to the CBD industry, according to Brittany Hallett, vice president of marketing for CBD gummies maker Slang Worldwide.

“These products aren’t about loopholes or getting people high, they’re about safe access to natural wellness,” Hallett said. “There are certainly loopholes within the hemp space that should be examined but this isn’t the right way to proceed and is a classic example of lobbying gone wrong and being persuaded by big business agendas.”

Some in the cannabis industry have called the hemp loophole, and its lack of oversight, into question.

Leili Fatehi, a partner and principal at cannabis government relations firm Blunt Strategies, said the production of synthetic cannabinoids like delta-9 lacks standard safety testing measures and creates a regulatory gray area.

“Rather than resisting these changes, the U.S. hemp industry should engage proactively with legislators to shape these emerging regulations,” Fatehi said. “This approach ensures that as the industry evolves, it does so in a manner that is both responsible and conducive to long-term growth.”

Some federal lawmakers have opposed closing the hemp loophole.

In a statement to Politico last month, Sen. Ron Wyden, a Democrat from hemp-growing state Oregon, said the measure would be a step back and would not prevent consumers from accessing drugs with THC effects.

Several producers of hemp-infused edibles and beverages have crafted products made with cannabinoids such as delta-9 to skirt federal legislation.

Earlier this year, Jones Soda debuted Mary Jones HD9 craft sodas made with hemp delta-9 in flavors like Root Beer and Berry Lemonade. The sodas, which still contain 2.5, 5 and 10 milligrams of THC per can, allowed the soda brand to scale its sodas in most states. Curaleaf, America’s largest cannabis company, also plans to launch a line of beverages containing 5 milligrams of delta-9 THC, Politico reported.