Hemp Enforcement, Modernization, and Protection Act

Key Points

• This bill creates the first comprehensive federal regulatory framework for cannabinoid hemp products under FDA authority. It covers oral products (edibles, beverages, tinctures), inhalable products (vapes, smokable hemp), and topical products, establishing standards for manufacturing, labeling, and safety testing.
• Retailers would be prohibited from selling any cannabinoid hemp product to anyone younger than 21. Packaging that uses cartoon characters, candy imagery, bright colors, or other features that appeal to minors would also be banned.
• All products must carry detailed labels including cannabinoid content per serving and per package, a QR code linking to lab test results, warnings for pregnant women and children, and a disclaimer that the FDA has not found the product safe or effective for treating any condition.
• The FDA gains mandatory recall authority over dangerous hemp products and can suspend facility registrations. All manufacturers, processors, and importers must register with the FDA and list their products.
• If the FDA fails to finalize cannabinoid content rules within three years, automatic default limits kick in: 10 milligrams of total cannabinoids per serving for edibles (with 5 mg of intoxicating cannabinoids per serving), 100 mg per cartridge for inhalables, and 100 mg per package for topicals.
• Anyone who knowingly sells prohibited cannabinoid products, including those exceeding potency limits or containing synthetic cannabinoids like HHC or THC-O, faces up to 10 years in prison. Synthetic cannabinoids not naturally found in the cannabis plant are banned outright.