Michigan sheriff links drop in intoxicating hemp products to marijuana legalization

Michigan’s legalization of recreational marijuana in 2018 has led to a decrease in unregulated intoxicating hemp products, a sheriff from the state told a congressional committee at a recent hearing.

“We have not seen a huge number of hemp products now since we have legalized marijuana in our state,” Oakland County Sheriff Michael Bouchard told a House Energy & Commerce subcommittee. But the sheriff said regulations are needed to manage substances outside the state’s legal supply chain.

“We have seen . . . an adulteration of marijuana products, and prior to that hemp, with other kinds of synthetics and other kinds of drugs like fentanyl,” Bouchard said. “All of these things really need a regulated, inspected process, and I would encourage that to happen, both with hemp and with marijuana.”

In sync with research

The sheriff’s observations align with studies indicating that states with legalized marijuana experience fewer issues with unregulated hemp products. For instance, research published last autumn found that reports of delta-8 THC exposures to poison centers were significantly lower in states where marijuana is legal and regulated.

Virginia Republican Rep. Morgan Griffith expressed concerns about unregulated THC-infused products resembling candy, which pose risks to children, and said guidance from the Food and Drug Administration (FDA) to establish a regulatory framework for such products is desperately needed.

“One of the problems we’ve seen in our region is THC gummy bears – or gummy bears that are supposed to have CBD, and then there’s an unregulated, unknown amount of THC in there – and kids get a hold of them, and they think they’re candy, and then they overdose,” Griffith said at the hearing, adding “when I say overdose, I’m not talking about deaths at this point” but that “there have been some indications there may actually have been some brain damage.”

State has already acted

A U.S. appeals court earlier this year upheld a law in Griffith’s state that strictly limits the sale of intoxicating hemp products. The decision marks a significant blow to the hemp industry’s legal challenges against state regulations, affirming that Virginia’s law does not conflict with federal rules or the Constitution.

The Virginia law was enacted in 2023 in response to the surge of intoxicating hemp products, such as gummies and beverages, marketed as marijuana alternatives. The products, primarily synthesized from hemp-derived CBD, include compounds like delta-8 THC, delta-10 THC, THC-O, and HHC. They gained popularity due to a loophole in the 2018 Farm Bill, which defined hemp as cannabis containing less than 0.3% delta-9 THC but did not account for the creation of synthetic psychoactive substances from hemp.

Virginia’s legislation limits all THC forms to a maximum of 0.3%, with no more than 2 milligrams per package. The law also requires lab testing, child-resistant packaging, and registration for businesses selling hemp products. These regulations aim to safeguard consumers, particularly children, from psychoactive substances. Advocates for the law pointed to a 2022 incident where a child’s death was linked to delta-8 THC, highlighting the need for stricter oversight.

Federal rules in limbo

While Virginia has put up guardrails at the state level, the legal status of psychoactive hemp products remains uncertain at the federal level. The 2018 Farm Bill, which unintentionally allowed these products to flourish, is currently under review. Lawmakers in both the House and Senate have proposed changes to the upcoming Farm Bill that would redefine hemp to exclude intoxicating compounds. If approved, the new definition would establish a consistent federal standard, eliminating the need for state-by-state regulations.

Griffith has repeatedly criticized FDA over its inaction on establishing regulations for hemp-derived CBD since the crop and its derivatives were legalized under the 2018 Farm Bill. He’s also previously introduced legislation that would provide a regulatory pathway for hemp compounds like CBD, including during the last session.