Marijuana Moment: Congressional Committee Wants Feds To Go After Cannabis Product Manufacturers Making Unlawful Health Claims

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A powerful congressional committee has approved a spending bill and an attached report that expresses concerns about health risks from cannabis-derived products, while separately encouraging research into the therapeutic benefits of psychedelics.

The report advanced by the House Appropriations Committee on Wednesday says there has been a “proliferation” of cannabis products that “pose potential health and safety risks to consumers through misleading, unsubstantiated, and false claims” that they can treat serious illnesses.

“Such products may also be contaminated with harmful substances,” the report, which is attached to the Fiscal Year 2027 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies appropriations bill, says.

Citing the Federal Food, Drug, and Cosmetic Act (FFDCA), it calls on the Food and Drug Administration (FDA) to “take enforcement action against the manufacturers of any cannabis products marketed with unlawful therapeutic claims to preserve the integrity of the drug development and approval processes.”

“Cannabidiol Oil Enforcement.—The Committee is concerned about the proliferation of products marketed in violation of the FFDCA, including products containing derivatives of the cannabis plant. The Committee is aware that non-FFDCA-compliant products pose potential health and safety risks to consumers through misleading, unsubstantiated, and false claims that cannabis and cannabis derivatives can treat serious and life-threatening diseases and conditions, including COVID–19 and cancer. Such products may also be contaminated with harmful substances. The Committee recognizes FDA’s use of existing authorities to undertake cannabis-related efforts, including research, requests for data, consumer education, issuance of guidance and policy around cannabis-based drug product development, and enforcement against wrongdoers. The Committee expects FDA to continue and increase these efforts given the proliferation of non-FFDCA-compliant cannabis-containing products and the risks they pose to public health. The Committee also expects FDA to take enforcement action against the manufacturers of any cannabis products marketed with unlawful therapeutic claims to preserve the integrity of the drug development and approval processes, which ensures that products, including cannabis-containing products, marketed as drugs have undergone a rigorous scientific evaluation to ensure that they are safe, pure, potent, and effective for the diseases and conditions they claim to treat. It is also imperative that FDA continue to exercise its existing authorities to preserve incentives to invest in robust clinical study of cannabis so its therapeutic value can be better understood.”

A separate section of the report says the committee is “concerned by the growth of food products that contain plant or otherwise derived cannabinoids as no cannabinoid is approved for any use in food as a food additive.”

“Food Additives.—The Committee supports FDA’s effort to develop clear, science-based guidance to ensure product safety, consumer confidence, and regulatory clarity for plant or otherwise derived cannabinoids. However, the Committee remains concerned by the growth of food products that contain plant or otherwise derived cannabinoids as no cannabinoid is approved for any use in food as a food additive. In some of the over 110 warning letters issued to firms marketing plant or otherwise derived cannabinoid products since 2018, FDA notes that the available data for some cannabinoids raises serious concerns about potential harm and there is little or no available information concerning the safety of their use in food. The Committee encourages FDA, in collaboration with other relevant Federal agencies and State partners, to develop a plan to coordinate appropriate enforcement actions.”

Another passage calls on the U.S. Department of Agriculture’s (USDA) Agricultural Research Service (ARS) to take steps to “elucidate the genetic control of key production and product quality traits in hemp.”

“Hemp Cultivar Development.—The Committee encourages ARS to conduct biotechnology and genomics research in collaboration with capable institutions to elucidate the genetic control of key production and product quality traits in hemp to facilitate cultivar development.”

An additional report section urges USDA to identify programs that can aid production and processing of hemp and other crops for fiber.

“U.S. Fiber Processing.—The Committee encourages USDA to identify programs, such as Value-Added Producer Grants and the Business and Industry Loan Program, that can support the production and processing of plant-based fiber crops, such as cotton, hemp, and flax, and animal-based fibers such as wool, alpaca, and leather. The Committee requests a briefing within 180 days of enactment of this Act on agency efforts to bolster support for plant and animal-based fiber production and processing in the U.S.”

The bill itself contains a longstanding provision that protects state hemp programs from federal interference.

“SEC. 737. None of the funds made available by this Act or any other Act may be used—

(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or

(2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014 or subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated.”

On another topic, the report urges FDA and the Department of Defense to support research to “improve our understanding of psychedelics” and “work together in developing and supporting public-private collaborations to advance psychedelic research for therapeutic purposes.”

“Breakthrough Therapies.—The Committee recognizes the increased interest and need to study psychedelics and qualified plant-based alternative therapies and their potential therapeutic effects. The Committee encourages FDA to work with the DoD on leveraging clinical trials, as authorized by title 10 United States Code, chapter 55, to improve our understanding of psychedelics. The Committee also encourages FDA and DoD to work together in developing and supporting public-private collaborations to advance psychedelic research for therapeutic purposes.”

The report also says the committee is “encouraged” by a study that found “no serious adverse effects” from the use of kratom, a plant native to Southeast Asia that’s used for pain relief, managing the symptoms of opioid withdrawal and other purposes. As such, the panel wants FDA to reconsider alerts it has issued about kratom.

“Kratom Safety.—The Committee is encouraged by the results of the Single Ascending Dose (SAD) safety study on kratom that found no serious adverse effects among participants. The Committee urges FDA to reconsider its import alerts concerning kratom products based on the findings of the SAD study. Furthermore, the Committee urges FDA to enforce current quality and wholesomeness standards for imported kratom raw materials based on presence of contaminants that pose a specific threat to public safety and to impose these enforcement standards on vendors importing violative raw materials until they demonstrate they can comply with those standards.”

Members of the committee on Wednesday adopted an amendment adding an additional section to the report expressing concerns about the impact of imported poppy seeds on positive drug tests and health consequences such as addiction and overdose.

“Poppy Seeds.-The Committee is concerned with reports of positive drug tests, addiction, overdose, and death related to contaminated imported poppy seeds. The Committee is encouraged by the agency’s work to monitor levels of opiate alkaloids, research, and collaborate with other agencies and stakeholders and by the agency’s plans to move forward with setting action levels for opiate alkaloids in poppy seeds. Aligning with the agency’s ongoing efforts, the Committee directs the agency to establish an action level for opiate alkaloids on poppy seeds and carry out appropriate regulatory or enforcement measures to ensure the safety of poppy seeds.”

The legislative action comes days after the Trump administration announced it is moving forward with the federal rescheduling of marijuana.

An appropriations subcommittee, meanwhile, is considering a separate funding bill this week that contains provisions to block cannabis rescheduling.

President Donald Trump this month also signed an executive order aimed at expanding and expediting research on the potential therapeutic benefits of psychedelics.

Meanwhile, there are several pending efforts on Capitol Hill to delay or alter the implementation of a law that stands to federally recriminalize hemp THC products later this year.

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