Control Board: Hemp-Derived Products Containing 1mg Or More THC Must Be Regulated

MONTPELIER — On Friday November 4, the Vermont Cannabis Control Board posted an industry bulletin to their website regarding hemp and hemp-derived high THC products, announcing that all hemp-derived products containing a minimum weight of THC must be regulated by the Board.

In their regular November 9 meeting, Board members further explained the implications of the new regulations for the hemp industry. The bulletin is republished in full below:

Industry-Wide Bulletin on Hemp and Hemp-Derived THC products

The Cannabis Control Board (CCB) was created to safely, equitably, and effectively implement and administer the adult use and medical use of cannabis in the state of Vermont. Individuals or businesses seeking to participate in the cannabis market in Vermont are required to obtain a cannabis establishment license through the CCB.

The CCB is also responsible for regulating hemp and hemp-derived products. Act 158 (2022), Sections 3, 4, and 10. This authority was transferred from the Agency of Agriculture, Food, and Markets (AAFM) and took effect on May 31, 2022. Act 158 (2022), Section 23. The CCB also has authority to regulate synthetic cannabinoids and hemp-derived cannabinoids, including delta-8 and delta-10 tetrahydrocannabinol. Act 158 (2022), Section 10; 7 V.S.A. § 862a.

Consistent with these responsibilities, the CCB is requiring all hemp-derived products with an amount of tetrahydrocannabinol that is equal to or greater than 1 milligram per serving to undergo the same testing, labeling and packaging requirements that cannabis products must undergo.

In addition, all products that contain synthetic cannabinoids and hemp-derived cannabinoids, including delta-8 and delta-10 tetrahydrocannabinol, in an amount equal to or greater than 1 milligram per serving must undergo the same testing, labeling and packaging requirements that cannabis products must undergo. Those requirements are enumerated in Board Rule 2 and 7 V.S.A. chapter 33.

Similarly, all manufacturers that seek to sell products with equal to or greater than 1 milligram of tetrahydrocannabinol per serving must be licensed manufacturers pursuant to Board Rule 1, and retailers seeking to sell such products must be licensed retailers pursuant to Board Rule 1.

All manufacturers that seek to sell products that contain synthetic cannabinoids and hemp-derived cannabinoids, including delta-8 and delta-10 tetrahydrocannabinol, in an amount equal to or greater than 1 milligram per serving must be licensed pursuant to Board Rule 1. Retailers seeking to sell such products must be licensed retailers pursuant to Board Rule 1.

The CCB is developing its rules regulating hemp processors. By spring 2023, hemp processors and those interested in manufacturing hemp-derived products will be required to either register as a hemp processor with the CCB or obtain a cannabis establishment manufacturing license from the CCB.

The registrations of hemp processors currently registered with AAFM will expire in January, 2023. The hemp manufacturer registration application through the CCB will be available in mid-2023.

Currently, hemp growers in Vermont are required to register with AAFM. However, AAFM will withdraw its U. S. Department of Agriculture (USDA) approved Hemp Production Plan as of December 31, 2022. In order to cultivate hemp in 2023 in compliance with federal law, growers will be required to register with the USDA.

The CCB recognizes that the evolution of cannabis laws and related policy at the state and federal level may inform future changes to the CCB’s policy. Any changes to CCB policy will be made available to the public through updated bulletins.

Please be aware that the information contained in this bulletin does not represent legal advice or replace a licensee’s responsibility to review and comply with statue and rules, all of which can be found on the CCB’s “Laws, Rules, and Regulations” page.

Originally published on the Vermont Cannabis Control Board website.