I suspect my entry into the hemp market was similar to many of yours. I have never been a regular consumer of THC and consider myself a rule follower. A few years ago, I noticed new cannabis boutiques popping up in my neighborhood. Then canned hemp drinks started to appear at grocery stores around town. I was initially skeptical and cautious about purchasing these drinks and wondered if they were legal. Even if they were not illegal, what if a friend, neighbor or, heaven forbid, a client saw me buying them? I am literally a soccer mom. I do not seek out illegal drugs and wasn’t looking to start.
In what seemed like the blink of an eye, the drinks seemed to have gained broad acceptance in my largely conservative community. I began to see friends and strangers alike enjoying hemp beverages by the pool and at bars and restaurants, as well as at the beach and lake. My friends touted their benefits — hemp beverages helped with relaxation after a long day (be it at work or chasing kids), most were zero calories, and even if you had a couple, there was no headache the following morning. The drinks also became a frequent topic of conversation amongst both young adults and our parents seeking an occasional alternative to alcohol.
Some of the same people who had turned to hemp beverages, including a surprising number in older generations, had also begun using hemp-derived gummies. In my experience, they were using the gummies largely as sleep aids and almost uniformly preferred purchasing the gummies from reputable outlets and in low dose formulations (typically 5-10 mg). Even my favorite podcast (s/o PATW) began advertising a company that sold “100% Federally Legal” hemp-derived gummies. I have seen higher doses in stores, and I have seen packaging that appears to appeal to a younger audience (perhaps even minors), but my experience was that my friends and neighbors were not interested in those types of products.
Given the benefits and what appeared to be broad-based acceptance, you’ll understand my surprise to hear in recent months that there was momentum in Congress to ban these drinks and gummies. I read about and heard politicians talk about how the products were allegedly unsafe and that they purportedly targeted minors. Some said that these products often employed deceptive marketing techniques and used falsified certificates of analysis to hide the real contents of the products. Obviously, these concerns resonated with me. Speaking as a mother of two children under age 5, I certainly don’t think intoxicating hemp products should be generally available to minors. And, as a litigator who worries for a living, I don’t want dangerous products in the market and certainly don’t want to ingest them myself.
I understand and support regulations that address these concerns. I support age-gating, truth in advertising, strict testing rules, and serious punishments for bad actors. There is no place in our communities for such products, and I fully support stringent enforcement of the types of laws I mentioned.
But I was extremely disappointed to see that recently the actual reform measures essentially amounted to a ban of these hemp products. I believe many of the manufacturers of these hemp products saw a need in the market and created good, safe products to fill that need. So, why a ban? Why not use the variety of tools available to lawmakers to address the valid concerns but still make the products available to responsible adults? It feels a bit like performing surgery with a chainsaw instead of a scalpel. And I was especially disappointed to see that the ban was passed in connection with an appropriations bill, precluding the opportunity for any real policy discussion on the issue. I suspect that’s why many of my friends and acquaintances who are regular consumers of these products don’t even know about Congress’ recent action to make these products illegal in less than a year.
And I can’t help but wonder, what is driving these overreaching reform efforts when less severe measures would seem to address the concerns? It’s a question many in the industry are asking. I know that alcohol use is decreasing, particularly among younger generations, and the hemp industry must be seeing a benefit from those seeking alternatives. Are legacy alcohol interests trying to eliminate competition? I know that state-licensed marijuana companies (both medical and adult use) have always viewed consumable hemp products with a wary eye (which is understandable given that consumable hemp companies are not subject to the onerous regulation and prohibitive taxation faced by marijuana operators). Are they trying to eliminate a product many believe to be similar? I also suspect many lawmakers in Congress didn’t anticipate the explosive growth of the consumable hemp industry when they passed the 2018 Farm Bill. Are conservative lawmakers trying to close a loophole they created because they didn’t like the idea of allowing anyone to consume marijuana legally?
I also can’t help but wonder what effect this new legislation will have in reality — something I’m sure many hemp companies are wondering. Is this the equivalent of me banning television for my kids over the weekend? I’m certainly not going to follow through with enforcement. Will the federal government treat hemp with the same hands-off approach as marijuana? What the federal government may do with this new legislation is a fair question that remains to be answered. Ultimately, I believe that safe and regulated hemp products in low doses are a good option for consumers like me, my friends, and my adult family members. I encourage lawmakers at the state and federal level to educate themselves about the benefits of hemp products — and also the risks. Call me Pollyanna, but if we can get everyone rowing in the same direction, armed with accurate information, I am optimistic enough to believe we can develop a consumable hemp program that allows us to receive the benefits of hemp products and reduces the risks associated with them.
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