Although these products are federally legal following the passage of the 2018 Farm Bill and the 2018 Agriculture Improvement Act, they remain entirely unregulated. This regulatory void has prompted states like New Jersey to take proactive steps towards banning these products due to potential public health risks.
New Jersey's Response:
In June, a unanimous vote by a New Jersey State Assembly committee signaled a significant move towards banning unregulated hemp-derived THC and CBD products within the state. The committee has paved the way for the legislation, following compelling testimony from a parent whose child experienced adverse effects after legally purchasing and ingesting 600 milligrams of Delta-8 THC. The child reported feeling "dizzy, paranoid, and disoriented."
State Sen. Declan O’Scanlon, a cosponsor of the proposed bill, highlighted the key regulatory distinctions between hemp-derived Delta-8 THC and CBD products and legal cannabis available at dispensaries. These distinctions encompass mandatory potency and contaminant testing, age restrictions on purchases, and clear labeling to facilitate proper dosing and prevent accidental consumption by children. Rather than implementing quality and safety testing protocols and age restrictions, the bill opts for a blanket ban on all consumable hemp-derived products in New Jersey.
Federal Warnings and Concerns:
The Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have also entered the fray, issuing warnings to companies that market Delta-8 THC-containing products designed to mimic popular candy and snack brands. These imitation products, at best, pose a risk of unintentional underage consumption and, at worst, appear to target and market to children. It is crucial to stay vigilant and monitor the evolving regulatory landscape at both the state and federal levels to gauge how authorities plan to oversee consumable Delta-8 THC and other hemp-derived products moving forward.
Conclusion:
The growing concern over unregulated hemp-derived THC and CBD products has prompted states like New Jersey to take decisive action. As consumers and stakeholders alike navigate this evolving landscape, it becomes increasingly important to stay informed about regulatory developments at both the state and federal levels. These measures aim to strike a balance between accessibility and public safety in the realm of hemp-derived products.
