Maryland Court Decision Puts Consumers at Risk
Consumers in Maryland are facing potential risks from unregulated and potentially dangerous psychoactive hemp products, as the state’s Supreme Court has declined to review a lower court’s injunction. This decision allows the sale of delta-8 and delta-10, two synthetic forms of THC made from hemp, to continue. These products are often adulterated and can be harmful to users.
Constitutional Questions
Last week, the state high court decision left in place an injunction that permits the sale of these high-producing, hemp-derived products. This ruling came after a Circuit Court temporarily suspended enforcement of a provision of the state’s cannabis law in response to a lawsuit filed by hemp interests. The Maryland Hemp Coalition and a group of hemp businesses alleged that restrictions in the law violate equal protection and anti-monopoly clauses in the state’s Constitution.
The state’s cannabis law, passed this summer, forced hemp and CBD shops to stop selling products that contain intoxicating levels of THC derived from hemp, limiting that business to marijuana sellers. The rules specifically bar hemp and CBD vendors from selling delta-8 products, which are often marketed in packaging that mimics well-known brands of candies and snacks, and are frequently targeted at children.
Danger to the Public
The U.S. Food & Drug Administration has barred the marketing of cannabis derivatives in food products, with both CBD and delta-8 THC unapproved for human consumption. The U.S. Drug Enforcement Administration (DEA) has classified delta-8 THC as a Schedule I drug under the Controlled Substances Act (CSA) and has indicated it intends to change federal drug-control laws to ban highly concentrated synthetic THC products.
Maryland officials expressed concerns about the lack of testing, labeling, and manufacturing standards for these non-natural THC products. Allowing the continued sale of such products hinders the state’s efforts to make THC-containing products, including those derived from hemp, safe for consumers.
With the 2023 Farm Bill delayed, it is unlikely to draw a more narrow definition of hemp that excludes these products anytime soon. However, the U.S. Food & Drug Administration could act to curb the products before lawmakers address updated provisions for hemp next year.
It’s clear that the issues surrounding unregulated and potentially dangerous psychoactive hemp products remain a concern for Maryland consumers, as the legal battles and regulatory challenges continue to unfold.
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