Kyle Loucks | CEO | RollPros

Absolutely. These products are clearly exploiting a loophole, which means there’s very little regulation or oversight of their production practices. If regulations are to be implemented, they should be consistent across all cannabis-related industries, including CBD and other derivatives.

Bryan Gerber | CEO | Hara Supply

I’d like to see unregulated hemp-derived products with any detectable amount of THC taken off the shelves. Getting rid of this category of products until licensing, testing and traceability are implemented is better for the market. Consumers deserve safe, tested THC offered by vetted companies, and the current situation leaves room for bad actors that need to be shut out. 

Meg Sanders | CEO | Canna Provisions

We take no issue with hemp-derived products. The marketplace has a clear desire for it, and who are we to tell consumers no? I would like to see more transparency, so that people understand what THCP is in these products and the effects of it. We’re coming up with some really interesting cannabinoids in the market; there’s clearly a demand for it because they’re being purchased like crazy. Talk to anybody at the Champs show who focuses on hemp-derived products: they’re flying through them. It’s important to be cautious with over-regulation, because cannabis is already over-regulated — which is ironic, because regulators don’t know exactly what the products are in this lane, so what I support is science. What I support is transparency. And the rise in popularity and sales of intoxicating hemp products and the brands coming online to me proves one thing very clearly: Americans want to be numbed. But that’s a whole different conversation. 

Justin Tacy | Head of Marketing | PAX

Two diametrically opposed ideas are true: hemp-derived products normalize and bring new consumers into the world of cannabinoids, particularly given the decreasing likelihood of federal cannabis reform; simultaneously, we have to protect the state-legal programs that have been established and the significant investments that have been made.

We believe both of these goals can be achieved through regulation that creates important THC limits and quality controls on the hemp side, while achieving taxation parity across the board. 

Darren Gleeman | Managing Partner | MBO Ventures

Hemp-derived product sellers should be taxed identically to licensed THC companies with no exceptions. That means 280E federal tax and state excise taxes should apply across the board. Right now, hemp-derived THC products sidestep the heavy tax burdens that licensed cannabis operators face, creating an unfair advantage. If cannabis companies are required to pay these taxes, hemp operators should too. Level the playing field. 

Damon Pennington | Co-owner | Greenhouse Lifestyles

Absolutely. A major issue is the lack of consistent testing and labeling standards for hemp-derived products. Licensed THC companies must meet rigorous safety and potency requirements, but hemp-derived cannabinoids — such as those producing delta-8 and THC-O — often bypass these regulations. Establishing clear federal guidelines on potency, safety testing and packaging would not only protect consumers but also create a more equitable market. 

Terrence White | CEO | Monko

In D.C., hemp-derived products like CBD are illegal, limiting consumer access. Ideally, all states should legalize hemp-derived products to meet growing demand. If they’re in the market, proper regulation and testing are essential for consumer safety and product quality. This would level the playing field with licensed THC companies, ensuring transparency and trust for consumers, whether they’re purchasing hemp or THC products.

Sara Brittany Somerset | Drug Policy Correspondent and Analyst | United Nations

I’d like to see hemp-derived products receive FDA approval. In lieu of that long road to fruition, I’d like to at least see some other type of industry-standard nutraceutical and/or “farmaceutical” certification, including by the Federal Trade Commission, which is responsible for overseeing dietary supplement advertising. Additional certifications from ConsumerLab.com, The United States Pharmacopeia and NSF International, a recognized authority for health standards, testing, certification, consulting and training for food, water, health products and the environment, would be beneficial benchmarks for consumers. These organizations independently test dietary supplements to ensure they meet certain criteria. This would be helpful to weed out the sketchy CBD sold at gas stations and bodegas that contains God-knows-what. I’d like to see more certificates of analysis, which are documents certifying the identification and purity of a chemical or drug, from reputable labs in general, such as ACS Labs.

Will Read | CEO | CannaPlanners 

Cannabis is overregulated across the board. Every state is trying to build an industry from scratch, but in doing so, they’re choking businesses before they even have a chance to thrive. It’s not that we shouldn’t have regulations — safety is critical — but the current landscape feels more like a stranglehold than a support system. When it comes to hemp-derived products, the fact that they allow for things like interstate commerce highlights how overly restricted the adult-use and medical markets are. The hemp side, with its loopholes and fewer restrictions, almost feels like a preview of what the future could be if we let the market breathe a little. 

Brendan McKee | Chief operating officer | Silver Therapeutics

We would like to see hemp-derived products go through the same third party testing processes as licensed cannabis companies. It is critical for consumers to have access to safe and reliable consumables. We’ve found that the only real way to ensure this, is to mandate independent lab testing across the board. Given the fact that these products are intoxicating, I’d prefer they be sold through licensed dispensaries.  

Kevin Hart | CEO | Green Check

I believe all plant-based products should be regulated equally regarding base ingredients and concentrations/percentages until industry-wide regulations are clearly defined. The variability of products available for sale today, especially beverages, is casting a negative light on the industry, as if companies are trying to work around the rules. The argument that it’s unfair can and should be countered by the fact that you don’t have to like the rules, but everyone should play by the same rules until they’re changed. 

Davis Tiburzi | CEO | CannaZip

There should be testing regulations on product purity, foreign material, pesticides and harmful substances. Consumer health and safety should be top priority, as these substances do have their applications and use cases outside of purely psychoactive properties. 

Kenny Morrison | Founder | CQ

First of all, hemp companies are also licensed THC companies. It’s misleading to equate “hemp” to “unlicensed” just as it’s misleading to equate all “marijuana” to “licensed.” For some reason, “hemp” appears to suffer from less stigma than “marijuana” among the general populace. I think marijuana should leverage hemp’s lesser stigma somehow.

The distinction between hemp and marijuana is a legal construct, not a scientific one, yet public perception and regulation often treat them as fundamentally different. Please understand I use the words marijuana and hemp solely to differentiate their legal statuses and sales channels.

So there’s two ways of looking at this. That 1) leveling the hemp playing field to MJ standards unduly ensures overwrought regulatory for both MJ and hemp far into the future, or 2) that leveling the MJ playing field to sensible hemp standards (yes, they exist in some states) ensures reasonable regulations for both MJ and hemp that’ll actually normalize cannabis as legalization intended. 

Andrew Ward | Owner | Award Creative Content

I’m torn on this. Licensed operators struggle despite doing things by the book, and they deserve support. But I also appreciate how hemp-derived laws highlight the failures of cannabis policy while expanding access through products like THCA. If a regulation improves access or genuinely protects consumers from unsafe sources, I’m all for it. 

Cory R. Williams | General Manager | Little Beach Harvest

Hemp cultivation is often done on a mass scale, and pesticides containing heavy metals are commonly used. In my experience, testing requirements for hemp-derived products are minimal, raising serious consumer safety concerns. Because of this, I’ve only worked with hemp-based textiles and fabrics. Stricter testing regulations are essential to ensure the quality and safety of hemp products, especially those meant for consumption. 

Drew Hull | Head of Government Affairs | True Terpenes

I believe the hemp industry presents a valuable opportunity to learn from the shortcomings of existing cannabis regulations and create a more effective, consumer-focused system. While both hemp-derived products and THC products originate from the Cannabis sativa L. plant, their regulatory frameworks differ significantly. Rather than simply mirroring existing THC regulations, I believe the hemp industry should prioritize four key areas:

– Packaging and labeling: Clear, concise and accurate labeling is crucial. This includes detailed information about the product’s contents (including cannabinoid profiles, terpenes and potential allergens), serving sizes and usage instructions. Standardized labeling requirements across the hemp industry would eliminate consumer confusion and ensure informed purchasing decisions.
– Testing: Rigorous, independent testing for potency, purity and safety is paramount. This includes testing for contaminants like heavy metals, pesticides and residual solvents. Transparency in testing results, readily accessible to consumers, builds trust and ensures product quality.
– Marketing: Responsible marketing practices are essential to protect consumers, particularly minors. Marketing should avoid unsubstantiated health claims and target appropriate audiences. Restrictions on marketing to children and adolescents are crucial.
– Age-gating: Strict age verification processes are necessary to prevent underage access to hemp-derived products, particularly those containing psychoactive cannabinoids like delta-8 THC. Robust online and retail age-gating mechanisms are essential.
By focusing on these four pillars, the hemp industry can establish a framework that prioritizes consumer safety and informed decision-making. This approach could serve as a model for refining existing cannabis regulations, addressing the issues of overregulation and market capture that have plagued some established cannabis markets. Learning from the successes and failures of the regulated cannabis industry, rather than simply replicating its model, will lead to a more sustainable and consumer-friendly hemp market.

Darwin Millard | Technical director | Cannabis Safety & Quality

Yes, there is specific legislation the CSQ team would like to see enacted related to cannabinoid-containing products to level the playing field between cannabinoid-containing products which are regulatorily classified as “hemp” and those which are regulatorily classified as “marijuana.” Cannabinoid products are being produced by both licensed marijuana and licensed hemp operators in the same form factors and concentrations. Yet, cannabinoid products that can be regulatorily classified as hemp get to enjoy significant market access, tax and regulatory advantages compared to cannabinoid products which are regulatorily classified as marijuana. What is required is legislation that would create market access, tax and regulatory parity for all cannabinoid products regardless of source, regulatory classification or intoxication. A first step would be to simply recognize that cannabinoids and cannabinoid products are NOT plants and therefore need to be regulated like the chemical compounds and novel ingredients they are.