CBD Oil Thc Limit

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CBD industry experts have put together a detailed safety review of THC recommending clear policy recommendations to cut market confusion. The new limit reflects the need for a more nuanced approach.

CBD experts recommend THC limit for finished products

CBD industry experts have put together a detailed safety review of THC recommending clear policy recommendations to cut market confusion.

The Association for the Cannabinoid Industry (ACI) and Centre for Medicinal Cannabis (CMC) created the report ‘Health Guidance Levels for THC in CBD products: Safety Assessment & Regulatory Recommendations​’ to bring clarity to the murky legislative CBD landscape.

The ACI explains that CBD, extracted from the Cannabis Sativa plant, is not itself a controlled substance but there are at least 12 potential controlled contaminants in CBD products including various THC (tetrahydrocannabinol) compounds. This causes confusion among the public and UK businesses relating to the control status of products containing hemp, CBD and other cannabinoids.

In the majority of Europe, it is legal for industry hemp products to be sold provided they contain 0.2% THC or less – a maximum threshold set out by WHO. However, as of January 2019, the European Food Safety Authority (EFSA) announced that food products containing CBD products would be classified as Novel Foods under Act (EU) 2015/2283, and would require authorisation prior to being placed on the market.

Companies are therefore required to file a novel food application and have this approved by the EFSA before legally being able to sell such products. The EFSA announcements notwithstanding, regulations surrounding THC limits, as well as CBD inclusion in other products is largely unclear with many European countries adopting their own individual regulations.

In most European countries, maximum levels have been agreed for controlled cannabinoids in products for consumer use. This ranges from 0.001 mg/kg (EU (EFSA) and Germany) to 0.007 mg/kg THC in consumer products (Switzerland and Croatia), as well as THC limits in CBD end products (ranging from 0.05% in the Netherlands to

The ‘THC In Milligrams’ Limit: A New Approach To Regulating Hemp Products

The new limit reflects the need for a more nuanced approach.

Ensuring that a finished hemp product contains no more than 0.3 percent total THC is no longer the only “THC limit” mandated by states that regulate these products. In the past year, the hemp industry has seen a growing number of state regulators propose and adopt “THC in milligrams” limits.

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Oregon is the latest state to have jumped on the bandwagon. Earlier this summer, Gov. Kate Brown signed into law HB 3000, an omnibus bill covering a wide range of hemp-related issues. One of the most significant provisions under this new law is a restriction on the sale of specific consumable hemp items, namely “adult use cannabinoids” and “adult use cannabis items,” to anyone under 21.

The HB 3000 definition of “adult use cannabinoids” includes but is not limited to:

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tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol and any artificially derived cannabinoid that is reasonably determined to have an intoxicating effect.

“Adult use cannabis item,” on the other hand, means:

A marijuana item;

An industrial hemp commodity or product that meets the criteria in OAR 845-026-0300; or

An industrial hemp commodity or product that exceeds the greater of:

A concentration of more than 0.3 percent total delta-9-tetrahydrocannabinol; or

The concentration of total delta-9-tetrahydrocannabinol allowed under federal law.

In addition, the new Oregon law tasked the Oregon Liquor and Cannabis Commission, in collaboration with the Oregon Health Authority and the Oregon Department of Agriculture, to establish the concentration of adult use cannabinoids at which a hemp commodity or product qualifies as an adult use cannabis item. To respond to the urgency that the Oregon legislature placed on this issue, the commission implemented this rule through the temporary rule-making process just three days following the enactment of HB 3000.

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Pursuant to OAR 845-026-0300, an industrial hemp commodity or product is an adult use cannabis item if it:

  1. Tetrahydrocannabinols or tetrahydrocannabinolic acids, including delta-9-tetrahydrocannabinol or delta-8-tetrahydrocannabinol; or
  2. Any other cannabinoids advertised by the manufacturer or seller as having an intoxicating effect;

Contains any quantity of artificially derived cannabinoids (i.e., “a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant Cannabis family Cannabaceae”); or

Has not been demonstrated to contain less than 0.5 milligrams total delta-9-THC when tested in accordance with Oregon law.

The new regulation further provides that if the hemp commodity or product qualifies as an adult use cannabis item it cannot be sold or delivered to a person under 21, unless it is sold by an OLCC-licensed marijuana retailer that is registered to sell or deliver marijuana items to a registry identification cardholder who is 18 or older or to anyone registered under the state’s medical marijuana program.

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This 0.5 mg limit is a major change because determining the amount of THC in milligrams (weight) in a hemp product or commodity is different from using the overall percentage of THC contained in the product.

To help hemp companies determine whether their hemp commodity or product is below the 0.5 THC in milligrams threshold, the three Oregon agencies released joint guidelines that, in part, explain how to perform the calculation. Here is how it works: A company must multiply the THC in mass (mg/g) found on their product certificate of analysis (COA) by the weight of the item listed on the package. More simply put, if their hemp item weighs 1 g and the THC listed on the COA is 3.3 mg/g, then the total THC would be 3.3 mg (3.3 x 1), which means the hemp item could not be sold to a minor because it contains more than 0.5 mg of THC.

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While these temporary regulations prevent hemp companies whose products exceed the 0.5 mg threshold from selling their products to minors, they do not affect other sales and business activities. This may change when the OLCC goes through the formal rule-making process in the months to come.

Other states, however, prohibit the overall sale of finished hemp-derived products if they exceed their THC in milligrams limit. For instance, any processed industrial hemp product intended for human or animal consumption sold in Alaska must contain no more than 50 mg of delta-9 THC per individual product.

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These THC in milligrams limits reflect the need for a more nuanced approach to regulating hemp-derived products, particularly hemp-derived THC products, which offer intoxicating effects and have gone largely unregulated. In addition, these rules reveal that, once again, state regulators are taking the lead in resolving federal statutory ambiguities surrounding hemp, which, though needed to avert a public health crisis, will most certainly exacerbate the confusing regulatory framework of hemp-infused products.

Nathalie Bougenies chairs Harris Bricken‘s hemp CBD practice group and focuses her practice on health and wellness, in addition to corporate transactions and regulatory compliance. For the past three years, Nathalie has helped clients navigate the complex regulatory landscape of hemp products intended for human consumption and advises domestic and international clients on the sale, distribution, marketing, labeling, and importation of these products. Nathalie frequently speaks on these issues and has made national media appearances, including on NPR’s “Marketplace.” She also authors a weekly column for “Above the Law” that features content on cannabis policy and regulation and is a regular contributor to her firm’s “Canna Law Blog.” For three consecutive years, Nathalie has been named Rising Star by Super Lawyers.

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