Ban or No Ban? ACS Calls for Regulation of Hemp-Derived Products
A large number of cannabis and hemp industry advocacy groups as well as cannabis clinician groups have been emailing last week to “save hemp” in light of the federal budget that would re-criminalize “intoxicating hemp” products. At ACS we disagree with the positions both factions have taken.
The War on Drugs failed. Re-criminalizing hemp based products is not a viable long-term solution. Nonetheless, the current hemp market is not appropriately regulated either, and perhaps a temporary ban, better called a moratorium, on these products makes short-term sense.
We have written extensively on the need for cannabis-based products (cannabis and hemp are the same plant) to be safe and effective. Whether someone is using cannabis as medicine or for non-medical enjoyment, they should be assured that they are safe doing so.
Currently, the part of the hemp marketplace that provides products that the new law deems “intoxicating” accounts for 80% of the hemp industry revenue. The legal basis for companies to make and sell these products is the Farm Bill of 2018 which lobbyists and Senator Mitch McConnell pushed through to legalize hemp, its chemical extracts, and all derivatives without any regulatory framework such as testing and oversight. Clearly this has been a boon for industry but is not an acceptable outcome for consumers.
Hemp products have no requirements for testing, purity, safety, packaging, or sales channels to deter child-use. Studies have repeatedly found wide ranges of cannabinoids, some of which are semi-synthetic and some are non-naturally occurring. Most have no safety data at all and little to no long-term population-based experience. Many are contaminated with pesticides, heavy metals, and byproducts of chemical manipulation. These pose potentially serious risk to users.
Many people are arguing that hemp shouldn’t be banned on the basis of the large industry that has developed and the economic benefits that follow. Economic benefit is surely important, but only after the safety of the consumer is assured. If that requires overhauling the industry as it stands now, resulting in a more appropriate one thereafter, so be it.
Other people are arguing that removing current hemp products will deprive patients of needed medicine. One vocal proponent of changing the regulations rather than a ban, Senator Rand Paul, has used this argument. This is almost entirely false. Currently there is state-legal, safety-tested cannabis available to 90% of US residents. Furthermore, the advantage of seeking medical care for medical problems in a state-legal medical system cannot be overstated.
The major advantage to consumers of these unregulated hemp products at present is that they are cheap and accessible via the mail or retail stores. However, they enjoy this position because they are unregulated and untested so do not need to meet any safety or packaging requirements that would add significant cost to the manufacturer and distributor. Within the state-legal, regulated market the additional expense goes to making those products safe to use.
There is also an assertion that these safety issues stem from a few unscrupulous hemp producers but that most are above-board. Often people point to Certificates of Analysis (COA) provided by such companies as evidence of their benevolence. However, we have seen myriad of companies providing such COAs that, on further independent testing, are shown to be false. Testing in state-legal systems can be faulted too, but at least the industry has some regulatory oversight to effect accuracy and penalize falsification.
The hemp industry, as it is currently, is irredeemable and should not be allowed to continue as is. If that requires a ban at the federal level, it should be a temporary ban while a national regulatory framework is emplaced. At its simplest, ACS recommends that the federal government refer the matter back to the states by requiring all hemp-derived products to be regulated in the same manner and through the same state systems as cannabis.
So, no, we’re not joining the other groups in calling to preserve a dangerous and broken industry as it is now. We’re calling on the government to create a temporary moratorium, like Senator Rand Paul has suggested, followed rapidly by sensible, consumer-protecting regulation that puts hemp products on an equal footing with the current cannabis industry.
What you can do:
Here are a few easy ways to contact your representatives and advocate for safer products for patients and consumers:
🔹 Find Your Member of Congress
Locate your representative and share why access to hemp-derived wellness products is essential for safe, evidence-based care.
🔹 Impact Campaign: Protect Hemp Access
Join advocates nationwide working to maintain access to responsible, full-spectrum hemp products.
A simple tool that provides scripts, phone numbers, and guidance for contacting your legislators directly — it only takes a few minutes to make an impact.
📞 You can also call the U.S. Capitol switchboard at (202) 224-3121 to be connected to your congressional offices.
Here is a brief script that you can use if you call:
Hello. My name is ____ and I’m a physician/NP/pharmacist/_____. I am a cannabinoid expert and a member of the Association of Cannabinoid Specialists. I’m calling to let you know my position on the current hemp product ban. Hemp products are currently unregulated and unsafe for consumption. I don’t like the idea of a permanent ban but I do favor a temporary moratorium while better safety regulation is installed. Hemp should be regulated with the same strict safety testing and oversight as state-legal cannabis products, and ideally through the same state-based systems that currently exist for cannabis.