The CBD you just bought in a small shop may not be what you think.
While marijuana and hemp are highly regulated in Colorado, some have found loopholes to create intoxicating products that end up in the wrong hands.
On the last day of the Colorado legislative session, lawmakers passed Senate Bill 22-205. The bill seeks to allow the Colorado Department of Public Health and Environment to regulate intoxicating hemp products, have a working group evaluate current industry rules for next year’s legislation, and focus on consumer protection.
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When the federal agriculture bill was passed in 2018, hemp was legalized nationally. The bill did not impose restrictions on the sale, transport or possession of hemp-derived products, which led to a growth in the plant’s popularity. From hemp milk to CBD oil and even jewelry, the controversial plant is making its way into homes across the country.
The hemp plant does not contain more than 0.3% THC, the psychoactive compound in marijuana. However, the cannabinoids inside can be extracted and concentrated to create effects similar to those of medicinal or recreational marijuana. In some cases, delta-9, a form of THC found in medicinal and recreational marijuana that has intoxicating properties, is added to hemp foods and dietary products with improper labeling and manufacturing.
In addition, companies are putting a synthetic conversion of delta-8, a cannabinoid found naturally in hemp, into various products such as intoxicating jelly beans and wax. Without regulation there are no restrictions on who can buy alcohol.
“(We in Colorado) are very advanced in terms of hemp regulation,” said Christian Sederberg, a founding partner of Vicente Sederberg, a national cannabis law firm. “Where we stand behind, in the opinion of some people, is the creation of regulatory structures to prevent or allow the types of products that contain intoxicating cannabinoids.”
Delta-8
Delta-8 is a natural cannabinoid found in both hemp and marijuana. The psychoactive substance is only produced in small amounts within the plant, but can be extracted and concentrated for a stronger reaction from users. Concentrated amounts of delta-8 are usually created from cannabidiol, better known as CBD.
Jason Hopfer, a lobbyist for The Green Solution dispensaries, in an interview with Newsline expressed concern about the lack of state testing for hemp products and how little the state controls delta-8 compared to recreational marijuana and medicinal.
The marketing of delta-8 is controversial. Although it is produced from hemp, a legal product, its lack of regulation, possible adverse effects and widespread availability has caused concern among lawmakers. Currently the Food and Drug Administration has not approved delta-8 for safe use in any context, but there are no federal product regulations.
However, the FDA recently raised concerns about the intoxicating nature of delta-8. Medical providers and law enforcement are noticing adverse effects more often. The chemicals used in delta-8 extraction and user overtoxication have caused some to be hospitalized or in need of emergency treatment.
SB-205 would address the lack of governance around alcohol.
The FDA sent letters on May 4 to companies selling Delta-8 and some CBD products, warning them to address the violations. Violations include bad branding, the addition of delta-8 and CBD to food, and the marketing of unapproved drugs.
Minor users will see most changes
The marketing of many delta-8 products is aimed at children or underage users.
Products can be sold in convenience stores in the form of candy, often taking fun shapes with colorful packaging. When the product is sold, there are no age restrictions or other purchase restrictions, as there is with recreational and medicinal marijuana.
The packaging does not usually contain consumer warnings to help users avoid excessive poisoning.
Law has three main axes
SB-205 will allow CDPHE to establish regulations for products such as delta-8.
In addition, the bill seeks to create a working group that will begin examining the hemp industry in Colorado in September. The conclusions of the working group will report on possible legislation next year. He will also make recommendations to the Colorado Department of the Treasury on what rules should be made.
Eventually, nearly $ 600,000 will go to the Colorado Attorney General’s office to focus on products such as delta-8 and general consumer protection for hemp products.
Before CDPHE and the task force can begin work, Governor Jared Polis should sign Bill SB-205. Polis spokesman Conor Cahill said that when the bill reaches the governor’s office, the governor will review it.
Similar bills have been tabled several times before SB-205, but were never passed. According to Sederberg, the bill went through numerous amendments. He attributes this to an initial shock to those in the hemp industry, many of whom did not know that products such as delta-8 were being created and sold. The drafting of a bill that would work for both the marijuana and hemp sectors of the cannabis industry required a lot of negotiations.
Sederberg said the original draft was stricter, but also had more protection for companies producing non-intoxicating, full-spectrum hemp products. He believes this was an opportunity for Colorado to “take a step forward and lead again” in the cannabis industry.
“The bill we have at the moment, neither party is very satisfied, but it provides a certain level of clarity and a process to get more clarity,” he said. “So while it’s not the level of leadership I was expecting, it’s still a step in the right direction.”
