Wyden, Merkley Introduce Legislation to Clean Up Hemp Market, Keep Products Out of Kids’ Hands

Washington, D.C.U.S. Senators Ron Wyden and Jeff Merkley said today they have introduced the Cannabinoid Safety and Regulation Act (CSRA) to establish national standards to protect public health and safety and keep cannabis products out of the hands of children.

The CSRA would establish a national age restriction to prevent those under 21 from purchasing hemp-derived cannabis products. The legislation would require that all hemp-derived products are tested for safety and are manufactured using clean and safe processes. The CSRA would require truth in labeling, andwould require the Food and Drug Administration (FDA) to recall or ban any cannabis products with dangerous chemicals or additives.

“Just like the tobacco industry marketing cigarettes to young people, nobody should be slapping fun cartoons and glitzy candy wrapper packaging on cannabis products meant for adults,” said Wyden, who introduced the legislation. “A federal floor for regulation of hemp products is non-negotiable to ensure that consumers aren’t put at risk by untested products of unknown origin. My legislation will ensure that adult consumers know what they’re getting, and that hemp products are never sold or marketed to children.”

“Outdated national cannabis safety standards are a persistent threat to public health, with real consequences for families and businesses in Oregon and across the nation,” said Merkley, who co-sponsored the bill. “These cannabis products are already widely available, and the FDA must establish clear guidelines—like it does for other foods, drinks, and dietary supplements—to protect the health of all Americans and prevent children from purchasing these products.”

Unsafe, unregulated cannabis products have flooded the market since the 2018 Farm Bill legalized U.S. hemp production. Without FDA regulation on manufacturing, packaging, labeling and age-gating hemp-derived products, there has been a massive increase in producing and selling hemp products that imitate candy or kids’ snacks, contain dangerous chemicals or additives, or are untruthfully labeled. Despite some states’ efforts to implement their own testing, labeling, and processing standards, a federal regulatory floor is crucial to address regulatory gaps between states. The CSRA would explicitly allow states to prohibit, limit, or otherwise regulate hemp-derived products beyond the bill’s provisions.

The CRSA is endorsed by the U.S. Hemp Roundtable, the National Cannabis Industry Association, National Industrial Hemp Council, and hemp industry associations from California, Colorado, Arizona, Michigan, Illinois, Kentucky, Missouri, South Dakota, Virginia, and Texas.

“The hemp industry is united behind a simple, common-sense proposition: Hemp products should be robustly regulated, not the subject of a misguided prohibition. Senator Wyden’s critical legislation does just that: imposing strong health and safety standards for hemp products while ensuring that they are kept out of the hands of minors. Along with dozens of other hemp organizations, the US Hemp Roundtable endorses this bill as we stand up and cheer for Senator Wyden’s continued stewardship and leadership, and as we look forward to continuing to work closely with him as this bill progresses and transforms over the next several months,” said Jonathan Miller, General Counsel at U.S. Hemp Roundtable.

“For too long, federal inaction has fostered an unregulated marketplace for hemp THC products, endangering the public and creating unfair competition for regulated cannabis businesses. We look forward to working with Senator Wyden to pass the Cannabinoid Safety and Regulation Act because it solves this problem by implementing commonsense safeguards to ensure intoxicating hemp products are tested, properly labeled, and not made available to minors while creating a pathway for manufacturers to provide safe hemp products to adults through a regulated framework,” said Aaron Smith, CEO at the National Cannabis Industry Association.

The bill text is here. The one-pager is here. The section-by-section is here.

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