Two New Congressional Reports Address Marijuana, Hemp And CBD

Kyle Jaeger

A key congressional committee released two reports on Monday that discuss policies surrounding marijuana, hemp and cannabidiol (CBD).

The documents published by the House Appropriations Committee are attached to annual spending bills that fund certain parts of the federal government, and some of their sections outline concerns about marijuana-impaired driving and the marketing of cannabis-derived products. One of the reports also lays out directives on funds to be used for the implementation of hemp regulations for the 2020 fiscal year.

The first report, which corresponds with legislation on Agriculture, Rural Development, the Food and Drug Administration (FDA) and related agencies, includes two cannabis sections.

One passage details concerns about CBD products that are currently being “marketed in violation” of federal law. At the same time, though, the committee is directing FDA to follow through with pledges to identify “lawful federal regulatory pathways for CBD foods and dietary supplements if such pathways are consistent with protection of the public health,” given that hemp-derived CBD was legalized under the 2018 Farm Bill.

“Cannabidiol Regulatory Pathway—The Committee is concerned about the proliferation of foods and dietary supplements marketed in violation of the Federal Food, Drug & Cosmetic Act (FFDCA), including products containing cannabis and cannabis-derived ingredients. 

Non-FFDCA-compliant products pose potential health and safety risks to consumers through unsubstantiated and misleading claims such as treating a wide-range of life-threatening diseases and conditions; excessive cannabidiol (CBD) concentrations that can result in harmful drug-drug interactions, somnolence, and elevated transaminases or liver toxicity; and the presence of significant levels of intoxicating compounds such as tetrahydrocannabinols (THC).

The 2018 farm bill expressly preserves FDA’s public health authority to take appropriate actions regarding cannabis, including hemp and its derivatives. The Committee recognizes the FDA is considering a public regulatory process to evaluate the appropriateness, and possible parameters, of a regulatory pathway that would permit CBD in certain foods and dietary supplements. The Committee expects the FDA to assert its commitment to identifying lawful federal regulatory pathways for CBD foods and dietary supplements if such pathways are consistent with protection of the public health. Such pathways may include necessary public health and safety parameters that will protect the public health, such as labeling requirements and limits on CBD or other cannibis-derived ingredients in products, based upon anticipated total exposure levels. The Committee also expects the FDA to preserve the integrity of its drug development and approval processes, which ensures that products marketed for drug uses have undergone a rigorous scientific validation process demonstrating quality, safety and efficacy. 

It is also imperative that any FDA regulation of foods and dietary supplements containing CBD or other cannibis-derived ingredients preserve incentives to invest in robust clinical study of cannabis, so its therapeutic value can be more fully understood.”

Industry stakeholders got the chance to weigh in on the rulemaking process during a public hearing the FDA held last week.

Elsewhere in the same report, the House panel said that it was providing the U.S. Department of Agriculture (USDA) with roughly $16.5 million to facilitate the implementation of regulations for hemp and hemp-derived products “as soon as possible.”

“Hemp Production Program—The Committee understands that USDA is working on implementing the Hemp Production Program as authorized by the 2018 Farm Bill and encourages the Department to use existing resources to issue regulations as soon as possible.

The bill includes $16,496,000 for implementation costs in fiscal year 2020. The Department is directed to provide the Committee with frequent status updates on the progress of implementation.”

Agriculture Secretary Sonny Perdue has pledged to release those guidelines in time for the 2020 planting season.

In a separate report on an appropriations for the Departments of Transportation, Housing and Urban Development and related agencies, the committee said that drug-impaired driving “remains a growing concern due to the increase in States legalizing marijuana use and the persistence of the opioid crisis.”

The panel urged the National Highway Traffic Safety Administration (NHTSA) to develop “a reliable standard for all types of impaired driving” but acknowledged that “developing a standard measurement of marijuana impairment, similar to blood alcohol concentration, remains unlikely in the near term.” As such, it is directing the agency to prioritize research into the creation of a standardized field sobriety test for cannabis.

The report sets aside $250,000 for NHTSA to support impaired driving detection programs for law enforcement.

“Drug-impaired driving—As drugged driving remains a growing concern due to the increase in States legalizing marijuana use and the persistence of the opioid crisis, the Committee supports the recommendations of the National Transportation Safety Board that DOT work with the Department of Health and Human Services to develop an impairment standard for drugs. The Committee urges NHTSA to coordinate research efforts with the States and other partners aimed at developing a reliable standard for all types of impaired driving, including marijuana impairment. The Committee directs NHTSA to continue its research efforts aimed at identifying and documenting drug-impaired drivers.

The Committee recognizes that developing a standard measurement of marijuana impairment, similar to blood alcohol concentration, remains unlikely in the near term and that resources are well spent on increasing law enforcement officers’ ability to detect driver impairment for multiple substances. The Committee directs NHTSA to continue to robustly support police training programs, particularly Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training, and to prioritize the study and development of a standardized field sobriety test (SFST) to detect marijuana impairment. These programs support law enforcement identification of people who may be impaired due to marijuana or other drugs. Of the amounts provided under the description Impaired and Drug Impaired Driving as part of NHTSA’s Highway Safety Programs, the Committee provides an additional $250,000 under this heading to support DRE and ARIDE.”

The current text of the related respective bills themselves do not include any cannabis-specific language, but amendments could be added during the full House Appropriations Committee markup that is scheduled for Tuesday, or when the bills come to the full House floor. Senate-side action on marijuana riders is also possible.

One piece of appropriations legislation that does include marijuana provisions was released on Sunday. The spending proposal from the House Appropriations Subcommittee on Financial Services and General Government stipulated that funds could not be spent to penalize banks for servicing cannabis businesses that are operating in compliance with state law.

That legislation also eliminates a longstanding rider that has prohibited Washington D.C. from spending its own tax dollars to legalize and regulate marijuana sales.

Three separate spending reports that reference cannabis policy were released last month. The House Appropriations Committee said it was interested in “lowering regulatory and other barriers to conducting” research into Schedule I drugs such as cannabis. It also called for studies into the potential use of CBD and kratom as alternatives to opioid-based painkillers.

On a similar note, the panel said in a manager’s amendment to a report tied to the appropriations bill covering the Justice Department that the Drug Enforcement Administration should “expeditiously process any pending applications for authorization to produce marijuana exclusively for use in medical research.”

The committee also included language in a report attached to legislation funding the Department of Veterans Affairs expressing concern about a policy that denies home loans to military veterans who work in the marijuana industry.