The Food and Drug Administration (FDA) has missed a congressionally mandated deadline to publish a list of known cannabinoids as federal hemp laws are set to change later this year in a way that stakeholders argue will upend the existing market.
As part of appropriations legislation that President Donald Trump signed last year, many hemp products that were legalized during his first term in office under the 2018 Farm Bill will be prohibited once again starting in November. The spending measure included separate provisions, however, to have FDA and other relevant agencies study the cannabinoid marketplace and develop lists of cannabis components.
After the bill was signed, FDA was given 90 days to publish 1) a list of "all cannabinoids known to FDA to be capable of being naturally produced" by cannabis 2) a list of "all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant" and 3) a list of "all other know cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids."
Further, the agency was tasked with providing "additional information and specificity about the term 'container'" with respect to hemp product THC serving sizes. In the bill, the term is defined as "the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge."
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