Michigan Sheriff Tells Congress That Legalizing Marijuana Helps Offset Issues With Unregulated Intoxicating Hemp Products

A Michigan sheriff is advising Congress that state-level marijuana legalization has helped to mitigate problems related to unregulated intoxicating hemp products that non-legal states are experiencing.

At a hearing before a House Energy & Commerce subcommittee last week titled “Combatting Existing and Emerging Illicit Drug Threats,” Rep. Morgan Griffith (R-VA) spoke to Oakland County, Michigan Sheriff Michael Bouchard about challenges he’s witnessed with the proliferation of the unregulated hemp market in Virginia.

Specifically, the congressman asked the sheriff “about the impact of unregulated, intoxicating hemp products on our kids” and whether he feels we need to “create a regulatory framework to allow lawful products to come to market.”

“I’ve been working with the [Food and Drug Administration, or FDA] on that, so I’ve got some ideas there,” Griffith said. “But I just want to know what you all have seen about these unregulated, intoxicating hemp products on our children.”

Bouchard, who has served as the county sheriff in Michigan since 1999 and is also the vice president of government affairs for the Major County Sheriffs Association, replied that “we have not seen a huge number of hemp products now since we have legalized marijuana in our state” in 2018.

However, “what we have seen is an adulteration of marijuana products, and prior to that hemp, with other kinds of synthetics and other kinds of drugs like fentanyl,” he said.

“So we’ve actually found, outside of our supply chain, if you will—the legal supply chain of marijuana our state—illegal marijuana has been tampered with and has fentanyl in it, and so we’ve seen all of these things really need a regulated, inspected process, and I would encourage that to happen, both with hemp and with marijuana.”

While the sheriff didn’t appear to be arguing explicitly for marijuana legalization, his basic point about the relationship between the policy change and the presence of unregulated hemp products is consist with research investigating the issue.

For example, last August a study found that rates of delta-8 THC exposures reported to poison centers in the U.S. are significantly lower in states where marijuana is legal and regulated and in those that banned the specific cannabinoid.

At the hearing, Griffith also noted that “one of the problems we’ve seen in our region is THC gummy bears—or gummy bears that are supposed to have CBD, and then there’s an unregulated, unknown amount of THC in there—and kids get a hold of them, and they think they’re candy, and then they overdose.”

He clarified that “when I say overdose, I’m not talking about deaths at this point,” but said “there have been some indications there may actually have been some brain damage.”

“Are you all not seeing that in your region? Is that just a Virginia problem?” the congressman asked.

“No, we’re actually seeing that as well. In fact, there’s PSAs in our region, and among a number of states that have legalized marijuana and components like gummies, advising kids and parents about that and how to store it and the dangers of it,” Bouchard said, adding that “there’s some discussions about trying to make some of these gummies not look like little characters that attract a kid, or the packaging that attracts children, because they think it might be candy or it might be vitamins, but in fact, it has a drug component.”

Griffith followed up by saying “it really would be helpful if we could get some guidance from the FDA, wouldn’t it?”

“Yes, sir,” the sheriff said.

The congressman has repeatedly criticized FDA over its inaction on establishing regulations for hemp-derived CBD since the crop and its derivatives were legalized under the 2018 Farm Bill.

He’s also previously introduced legislation that would provide a regulatory pathway for hemp compounds like CBD, including during the last session.