Unchecked Hemp Products Need Strong Oversight To Protect Public Health

by Anthony Spinella

In 2018, Congress passed the Farm Bill with a straightforward and worthy goal: to support American farmers. Among its provisions was the authorization of hemp as an agricultural commodity, opening the door for farmers to grow hemp for use in fiber, textiles, and even CBD wellness products. The intent was sound and the potential benefits for the agricultural community were real.

Unfortunately, bad actors saw the legislation not as an agricultural opportunity, but as a loophole to exploit for profit. While delta-9 THC, the strain found in marijuana is regulated, this legislation puts delta-8 THC, the strain derived from hemp, in an unregulated gray area. This meant no oversight, no age restrictions, nothing. This allowed them to quickly flood the market with intoxicating hemp products containing delta-8 THC.

As the former Deputy Assistant States Attorney for the Connecticut Chief State’s Attorney’s Office, I’ve seen the devastating consequences of these products. Delta-8 THC is a potent compound, with similar if not more impairing effects, to THC in marijuana. It has no FDA approval for safe use in any form. Combined with a lack of regulation or safety standards, it presents a danger to public health – especially to children and teens.

What makes this even more troubling from an enforcement standpoint is the complete absence of quality control. Independent testing has turned up synthetic chemicals, pesticides, and heavy metals in these products. Hemp products routinely exceed legal THC limits set for marijuana and are sold with inaccurate labels. The lack of regulation leaves law enforcement to pick up the pieces, stretching our resources and making it harder to keep our communities safe.

Yet the hemp loophole effectively gave these bad actors free rein to market dangerous products directly to our communities, with teenagers and children as the primary targets. They specifically design and package their hemp products to resemble familiar candy and snacks. With no mandatory age restrictions in place, these products are in easy reach of minors.

The human cost of this unregulated market is well documented. According to the FDA, national poison control centers recorded over 2,000 exposure cases involving delta-8 THC products in just over a single year. Of those, 70 percent required evaluation at a health care facility, and nearly half of those patients were children. And this isn’t just teens gaining access to these products, 41% of those patients were under 12.

Congress recognized the unintended consequences of the hemp loophole and took action to close it last year. That decision will make a difference in protecting lives in Connecticut and communities across the country.

However, the hemp industry is now pushing to reverse this decision at any cost, even if it means putting public health at risk.

Instead of reopening the loophole, we should empower states to do what many of them have already successfully done with the marijuana industry – enforcing age restrictions, requiring rigorous laboratory testing, mandating accurate labeling, and holding industry accountable. States taking authority to regulate the hemp industry would safeguard consumers, allow for community-specific policy solutions, and generate tax revenue that can be directed toward public health and safety.

“Connecticut is already demonstrating what responsible regulation looks like.”

Connecticut is already demonstrating what responsible regulation looks like. Our state has built a well-regulated THC market that puts public health first. Under the Responsible and Equitable Regulation of Adult-Use Cannabis Act, all THC products may only be sold through licensed adult-use or medical dispensaries. Sales at smoke shops, gas stations, and convenience stores are prohibited. The law also mandates stringent testing requirements, requires appropriate warnings, and prohibits packaging that appeals to youth or mimics consumer food products. States should look to Connecticut as the model for safely regulating the hemp industry.

Congress did the right thing by closing the hemp loophole. Please keep it closed to protect the health and safety of communities across Connecticut.

Anthony Spinella is a former state criminal prosecutor and currently practices law in Manchester.