The state’s new hemp task force — created to analyze industrial hemp and products containing THC that are meant for human consumption — met Tuesday to hear presentations from officials as it works on recommendations for lawmakers ahead of the session that starts in January.
The analysis comes as Virginia has begun to work toward setting up a legal marijuana market and started regulating hemp products earlier this year.
Tetrahydrocannabinol (THC) is the compound found in marijuana that is what causes a high, while cannabidiol (CBD) found in hemp products does not. However, hemp products have contained a small percentage of THC, as both compounds are derived from the cannabis plant.
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Current federal law concerning hemp allows for hemp products to have up to .3% of THC. A particular THC compound called delta-8 spurred the creation of the task force.
Hemp products — such as gummies and candy — containing delta-8 have been sold at head shops and convenience stores. Last September, the Centers for Disease Control and Prevention issued an alert that poison control centers were receiving an uptick in patients who had adverse reactions to hemp products containing delta-8. Insufficient product labeling was noted as a factor.
In June, Virginia Attorney General Jason Miyares, joined by 22 other attorneys general, submitted a bipartisan letter to Congress calling for federal action regarding copycat THC edible products. The attorneys general raised concern about products that are designed to look like popular brands such as Doritos, Nerds rope candy and Trolli gummy worms but contain THC, a psychoactive substance derived from cannabis plants.
While there was no public comment at Tuesday’s meeting, an online portal to submit comments will be open until 5 p.m. on Friday. The task force, stemming from the state’s adopted budget, will then draft a report with recommendations to send to legislators by Nov. 15.
At Tuesday’s meeting, Christopher Holstege, director of Blue Ridge Poison Center, gave a presentation on case studies in which children were treated at the center for consuming THC products.
He said the accidental adverse reactions are from children thinking they were consuming regular candy. Patients aged 13 and up were generally people who had wanted to experience delta-8 but had a negative reaction.
A common negative reaction was tachycardia, or a rapid heart rate.
Delta-8 is still technically legal federally following Congress’ 2018 farm bill. Jonathan Miller, the general counsel for the U.S. Hemp Roundtable, worked with federal legislators to pass that law. He said his organization is working with Rep. Morgan Griffith, R-9th, on legislation to federally regulate CBD and other hemp products.
“Once Congressman Griffith’s legislation ultimately is successful, a number of the issues that are at discussion today will hopefully be remedied with sound oversight and regulation from the [Federal Drug Administration],” Miller said.
While he commended the task force for its efforts to analyze the compounds, he cautioned Virginia from legally blanketing all THC-containing products together.
“We do not oppose the sale of adult-use cannabis. We don’t believe in prohibition. But we wanted to draw a real distinction here between non-intoxicating and intoxicating products,” he said. “Most [hemp] products fall between very trace [amounts] to about 2 milligrams of THC per serving. Those products do not get you high and find your way into poison control centers.”
Erin Williams, a policy analyst with the Virginia Department of Agriculture and Consumer Services, also gave a presentation that outlined how other states have handled hemp regulations.
The task force is expected to meet again sometime “either late September or early October,” said Parker Slaybaugh, chief deputy secretary of agriculture and forestry.
“I would like to try to have a majority of the report kind of combined and have it ready to kind of be reviewed by the task force,” he said.
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