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California Governor Gavin Newsom Emergency Order Yesterday, the ban on THC in food products that claim to be made from hemp came into effect. The order expands California law’s definition of THC to include a wide range of THC molecules that can be intoxicating. These THC molecules are manufactured by chemically converting hemp cannabinoids, such CBD, that are not intoxicating. Governor Newsom issued the emergency order in the interest public safety. He noted that these intoxicating substances were being marketed as ingestible products, without the same types or regulations as state-legal cannabis, which contains intoxicating Delta-9THC. This could lead to children consuming them unaware of their intoxicating effects.

Marijuana Moment reported on this.The emergency order has been challenged in court by manufacturers of ingestible hemp products and chemically converted synthetic THCs that are now banned in California. While this and other possible similar actions are being filed, legislators in Congress may consider a federal fix to the loophole that was created by the 2018 Farm Bill, which has led to the proliferation of intoxicating substances that have been chemically converted from hemp cannabinoids that are not intoxicating, under the claim that these substances were “derived”from hemp. Mary Miller (R – IL) proposed an amendment to a Farm Bill that was approved by the House Agriculture Committee earlier this year. The amendment would close the loophole and restrict synthetic intoxicating substances derived from hemp in ingestible product. Similar language was adopted by a House appropriations measure.

The FDA, which is responsible for foods and drinks, has not set up a regulatory framework to regulate CBD or synthetic intoxicating chemicals chemically converted from cannabis, but has instead said that they are prohibited and have sent warning letters to food and beverage manufacturers who use such substances, claiming they are adulterated in violation of the Food, Drug and Cosmetics Act.

As reflected in Marijuana Moment articleManufacturers of synthetic intoxicating chemicals chemically converted from cannabis concede that these substances should be regulated due to their intoxicating effects, but argue that measures like Newsom’s emergency order and Miller amendment go too much in restricting substances.

Now, there seems to be a consensus on the need to regulate synthetic intoxicating chemicals chemically converted from hemp. Federal legislation that defines hemp or intoxicating substances clearly and places their regulation in the hands of states could clarify whether such intoxicating chemicals can be manufactured and marketed.