With no federal regulations in place for the $28.4 billion market of intoxicating hemp-derived cannabinoids, and states increasingly tightening restrictions or outright banning hemp-derived THC, a major hemp organization has stepped in to offer some structure.
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The U.S. Hemp Authority, based in Kentucky and known for certifying hemp and CBD products, has launched a new certification program specifically for these kinds of products. It’s called the Adult Use Hemp Product Certification Program.
This new program is aimed at companies that manufacture and sell products containing delta-8 THC and other hemp-derived cannabinoids, according to a statement released by the U.S. Hemp Authority.
A Focus on 'Good Actors'
Chris Fontes, President of the U.S. Hemp Authority, emphasized that the industry wants to regulate itself to ensure safety and reliability. “We intend to ensure the hemp industry regulates itself to increase safety and stability, and to demonstrate to legislators and regulators that the industry is made primarily of good actors trying to bring quality products to consumers,” he said.
To qualify for certification under this new program, products must meet several strict criteria:
Follow ASTM product labeling standards.
Use child-resistant packaging.
Be restricted to adults 21 and older.
Contain only delta-8 or delta-9 THC, with no “novel cannabinoids” like THC-O, THCP, delta-10 THC, or hexahydrocannabinol (HHC).
Adhere to purity standards, which means disclosing any chemicals or compounds used in the production process.
Comply with the U.S. Food and Drug Administration’s (FDA) Current Good Manufacturing Practice (CGMP).
Undergo third-party testing for purity and potency at labs accredited by the International Organization for Standardization (ISO).
The Continued Rise of Intoxicating Hemp Products
Since the 2018 Farm Bill legalized hemp products containing 0.3% THC or less, products made from intoxicating hemp-derived cannabinoids have popped up all over the country. However, a loophole in the bill has allowed for the production and sale of items that contain significantly more hemp-derived THC than what the law initially intended.
This has sparked frustration in the marijuana industry. These intoxicating hemp products often bypass the regulations and taxes that apply to marijuana, giving them what many see as an unfair advantage in the market. Additionally, some businesses have been accused of selling these products to minors, raising concerns about safety.
In response, states with regulated marijuana programs are moving to protect their industries by placing restrictions on hemp-derived products or banning them altogether. California, for example, recently passed emergency regulations that ban the sale of hemp products containing any detectable level of THC unless they are sold within the state’s regulated marijuana market.
Whether these intoxicating hemp products will continue to exist in their current form is an open question, especially as lawmakers push to close this loophole in the upcoming iteration of the Farm Bill.
For hemp product manufacturers interested in pursuing the U.S. Hemp Authority’s Adult Use Hemp Product Certification Program, applications are now open.
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