OP-ED
Hemp: Prohibition won’t protect kids, but regulation will
An industry insider’s perspective to Senator McConnell’s new hemp language in the most recent agriculture appropriations bill
By: Annie Rouse
Haven’t we learned by now that prohibition is not a solution but rather a recipe for more problems? Senator McConnell’s recent Op Ed regarding his desire to close the loophole on hemp derived THC in an effort to protect children from accidental ingestion is really a convenient scapegoat masked as a noble gesture.
The proliferation of hemp-derived THC products is a clear market indicator that the adult population needs and appreciates these products. Prohibition will not “protect the kids.” It will force products underground, making it more dangerous for kids. Nearly a century of prohibition proves that it is not a solution, but regulation is.
When liquor prohibition took effect in 1920, it didn’t prevent people from consuming the products, it simply ceded control to the black market, creating quality control problems, dangerous products and increased crime. Liquor prohibition was a disastrous failure.
Senator McConnell’s 2018 Farm Bill language that unintentionally legalized hemp-derived THC also gave jurisdiction to the FDA to establish regulations around hemp’s finished products. Yet, the FDA immediately avoided responsibility by arguing the plant’s active compounds were a pharmaceutical before they were a food, beverage or supplemental ingredient.
The FDA’s shirking of responsibility caused states to develop their own regulatory programs, and with much success. Kentucky’s program is a perfect example; the Commonwealth is viewed as a leader across the US in developing these regulations. KY’s hemp-derived THC program is controlled by the KY Department of Agriculture, the KY Department of Health – Drug and Supplements branch, and most recently the Alcohol Beverage Control.
Other states have similar regulations in place, and with the right federal approach, they can be uniform and effective. With these state regulations, product testing and quality is improving, packaging and sales restrictions are being enforced and research and taxation are underway. Improvements are still needed, but prohibiting this progress will waste government resources, abandon consumer safety and devastate an agricultural economy.
As a manufacturer, brand and retailer operating in this market, I have experienced consumer purchasing decisions shifting from CBD to hemp derived THC and witnessed businesses maneuvering to align with consumer preference. Demand for cannabinoids makes up 95% of hemp’s agricultural production. The remaining 5% is left to hemp foods, construction materials and a praying hope that the FDA will eventually open the animal feed market.
Prohibiting the cannabinoid market may only impact a miniscule portion of total US agricultural production, but it will wipe out 95% of a market still in its infancy. Without cannabinoids, the hemp industry will fail.
As opposed to attempting to ban the products in a federal appropriations bill, why not use the appropriations bill for its intent? Appropriate funds to create a Cannabis Control Commission that could effectively establish and enforce federal taxation and regulation associated with the Cannabis plant species, from farm to finished product.
This Cannabis Control Commission could analyze the various regulatory frameworks in place across the United States and create federal policy that provides safe access, protects consumers and supports industry development. In the meantime, states can continue to develop, improve and enforce the regulations they have established to control the market.
Regulation will allow this new agricultural economy to truly prosper while protecting our populations, both old and young. Senator McConnell, through responsible regulation, has the chance to leave an untarnished agricultural policy legacy. I join my industry peers in calling upon him to do so.
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Annie is a native Kentuckian and local business owner of Cannabuzz in Lexington, KY. She was a U.S. Fulbright Scholar on hemp. She holds a Bachelor of Science in Economics and a Master’s in Policy.
Contact:
Annie Rouse
Personal Cell: 859-229-6427
