During a legislative hearing last week, the commissioner of Massachusetts’ agriculture resources department was asked by Senator Michael Moore what she was doing about the spread of hemp products with extremely high THC doses. Ashley Randle, the commissioner, stated that her agency was aware of the issue and was working with the public health department to issue new guidance on how these hemp products needed to be treated.
This was seen as a huge step forward, particularly since technically, hemp gummies and drinks with high THC doses aren’t legal in the state. Despite that, for some time now, the products have been sold in smoke shops, liquor stores and restaurants across the state without any regulation, which is supposed to be done by the Department of Agriculture. The public health department, which is engaged in the regulation of food products, hasn’t stepped in on the matter either.
During the hearing, Moore explained that the current situation wasn’t working, because reviews were needed to determine safe products for individuals to consume. He further noted that if the aforementioned agencies couldn’t come to an agreement on who is in control of the hemp issue, then legislators needed to step in.
Representative Paul Schmid, House chair of the legislature’s Agricultural Committee, and Senate vice chair Joanne Comerford, are headed in that direction. The two have already scheduled an oversight hearing on hemp products for later this year, with Comerford noting that examining evidence was needed to understand the best way to move forward.
Moore is of the opinion that the Cannabis Control Commission would do a better job if it was in charge of hemp product regulation, in comparison to the agricultural resources department, which is currently overseeing it. This, he explained, was because hemp was closely related to marijuana, and the commission already oversaw cannabis products containing THC.
Currently, intoxicating hemp products aren’t regulated in the same way that cannabis products are. The confusion was brought on by the 2018 Farm Bill, which effectively legalized hemp at the federal level. This legislation eliminated hemp from the definition of cannabis, which is still classified as a Schedule I drug under the Controlled Substance Act.
The grey area allowed hemp seltzers, gummies and vapes to flood markets in different states. These were markets that hadn’t clarified whether hemp products that contained THC were legal and their mode of regulation. The existence of this loophole will continue to pose a danger to society, particularly the younger population, which may be exposed to cannabis-infused products either knowingly or unknowingly.
The issue of hemp derivatives that contain more than the permitted levels of THC isn’t restricted to Massachusetts. Even the jurisdictions where companies such as SNDL Inc. (NASDAQ: SNDL) operate are seeing a proliferation of these products.
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