Two members of Florida’s delegation to the U.S. House of Representatives introduced a bill on Thursday that would expand research into the medicinal use of marijuana. The measure, titled the Expanding Cannabis Research and Information Act, was filed by Democratic Rep. Donna Shalala and her Republican colleague Rep. Matt Gaetz has signed on as a co-sponsor.

If passed, the bill “would develop a national cannabis research agenda, direct the U.S. Department of Health and Human Services to collect data on the health impacts of cannabis, establish a National Institutes of Health ‘Centers of Excellence’ research designation, and reclassify cannabis as a Schedule III controlled substance,” according to Shalala’s office.

“For years now, states across the country have been liberalizing their cannabis laws without making corresponding investments in developing a better scientific understanding of the short and long-term benefits and effects of cannabis on human health,” said Shalala. “By rescheduling cannabis and directing our national research infrastructure to study and collect data on how it impacts health outcomes, we are not only bringing federal cannabis policy into the 21st century, but we’re also guaranteeing that we do so safely.”

Bill Would Streamline Cannabis Research

“This bipartisan and bicameral legislation will improve, expedite, and streamline cannabis research: by rescheduling cannabis to Schedule III, this bill will lessen the conflict between states and the federal government, and by designating ‘Centers of Excellence in Cannabis Research,’ it will help unlock cures for America’s most vulnerable populations,” said Gaetz.

Florida state Agricultural Commissioner Nikki Fried, who campaigned for office on a platform that included cannabis reform, applauded the action by the state’s federal lawmakers.

“On behalf of the hundreds of thousands of medical marijuana patients in Florida, I thank Congresswoman Shalala and Congressman Gaetz for their bipartisan leadership in Congress to further critical cannabis research,” said Fried. “Federal cannabis policy must be changed to better provide safe and compassionate treatment options for those in need, and the Expanding Cannabis Research and Information Act is a welcome step forward.”

A statement from Shalala’s office insisted that the bill is necessary.

“Currently, 11 states and the District of Columbia have legalized adult cannabis use, while 33 states have legalized medical cannabis use. However, the Drug Enforcement Administration continues to classify cannabis as a Schedule I controlled substance with no medical benefit,” Shalala’s office noted. “The Expand Cannabis Research and Information Act would allow for a dramatic expansion in research around the health benefits and public safety impacts of cannabis use.”

The Expanding Cannabis Research and Information Act has also been co-sponsored by Democratic Rep. Barbara Lee of California. The bill has been referred to the House Energy and Commerce Committee and the House Judiciary Committee for consideration.

The worsening outbreak of vape-linked illnesses and deaths has spurred lawmakers across the U.S. to take action, with officials in New Jersey and Massachusetts the latest to propose bans and other measures to curb vaping. In New Jersey, Gov. Phil Murphy and legislative leaders are looking at a phased-in ban on selling vape products and directing health department officials to form a task force dedicated to studying risks associated with vaping and making policy recommendations.

In Massachusetts, the state Cannabis Control Commission has voted to roll out new labeling regulations requiring manufacturers to list inactive ingredients and additives on cannabis product labels. New Jersey’s and Massachusetts’ steps to address the dangers of vaping come as the FDA readies a possible nationwide ban on flavored e-cigarette products.

Massachusetts’ Cannabis Control Commission Revises Labeling Requirements

On September 12, the Massachusetts Cannabis Control Commission voted unanimously to implement new rules requiring cannabis product manufacturers to list all of the ingredients in cannabis cartridges. Previously, labels only had to indicate the active cannabinoid content of the cartridge and its percentage of THC. Now, product labels must also list additives, thickening agents, and the specific terpenes included in the cartridge.

The additives in vape cartridges have come under heightened scrutiny after health officials in New York suggested a possible link between vitamin E acetate and the spate of hundreds of vape-linked illnesses and six confirmed deaths. As a result, consumers and regulators are demanding more information about inactive ingredients in cannabis products like vape pens. “One of the ways we can help people consume responsibly is give them more information,” said Commission Chairman Steven Hoffman.

Other public officials in Massachusetts are taking additional steps to improve public awareness of vaping risks and to protect cannabis consumers. Cannabis Control Commission Executive Director Shawn Collins has directed the agency to work more closely with testing labs and encourage them to develop testing procedures for additives and inactive ingredients.

And on September 11, the Massachusetts Department of Public Health issued a mandate to healthcare providers requiring them to report any suspected vape-related lung illnesses to the department. So far, there have been no confirmed cases of vape-linked health problems in Massachusetts, a state which began legal retail cannabis sales last November.

Vaping Bans and the Future of Legal Cannabis in New Jersey

While Massachusetts has so far managed to avoid any confirmed cases of vape-related sicknesses or hospitalizations, New Jersey has seen at least 19 cases. And compared to Massachusetts, New Jersey lawmakers are taking much stronger action in response. In fact, Gov. Phil Murphy gave a newly created task force complete authority to propose massive policy changes, including a ban on vape products.

“Their remit is as broad as imaginable,” Murphy said during a Thursday press conference. “The status quo will not be an option.”

But Gov. Murphy is also trying to change the status quo in New Jersey in another regard: legalizing cannabis. So is Senate President Steve Sweeney, who speaking to reporters after the Thursday presser, said he wasn’t sure how a bill banning vaping would impact plans to legalize cannabis. And despite calls for immediate action from Assembly Speaker Craig Coughlin, who is another proponent of marijuana legalization, Sweeney has yet to set a legislative timetable to introduce a new vaping bill.

More immediately, Senate President Sweeney plans to direct state authorities to go after illicit vaping products. “Where we can start is the stores that are blaming the black market,” Sweeney said. “Well, maybe they can stop selling the black market products.”

Unregulated, untested cannabis vape products have been linked to several of the reported cases of lung illness. But an Oregon resident who died after vaping bought a cartridge from a licensed retailer. Oregon authorities have so far declined to release the name of the store allegedly involved.

Looking through an assortment of cannabidiol (CBD) products, you might notice certain parts of the label that jump out at you, such as a lively green hemp leaf or the word “organic,” enticing you to give this intriguing product a try. A closer look at that label, however, might raise potential red flags about the quality or accuracy of that CBD product.

In other words, it's important for consumers to understand how product labeling is regulated when it comes to CBD oil and CBD-infused products. 

Even hemp-derived CBD products, which contain little to no THC, were federally illegal until the 2018 Farm Bill passed, legalizing industrial hemp production in the U.S., beginning Jan. 1, 2019. In what seemed like moments, hemp-derived CBD-infused products sprang to life and became the new darlings of the health and wellness industry, even appearing at CVS, Rite Aid, and Walgreens stores. 

The Farm Bill made it legal for farmers to grow hemp plants that contain less than 0.3% THC, and shifted oversight from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). After the bill was signed, FDA Commissioner Scott Gottlieb issued a statement confirming that the agency would oversee and regulate hemp-derived CBD products under the Federal Food Drug & Cosmetic Act (FD&C Act), a set of laws established in 1938 that gives the FDA authority to oversee the safety of food, drugs, medical devices, and cosmetics. 

While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products.  

How Does the FDA Regulate CBD Products and Labeling? 

The FDA's website posts 26 common questions and answers about cannabis and hemp, touching on current labeling regulations for CBD products. How a CBD product is labeled and marketed plays a critical role in whether the FDA deems it to be lawful. 

“It depends, among other things, on the intended use of the product and how it is labeled and marketed. Even if a CBD product meets the definition of 'hemp' under the 2018 Farm Bill, it still must comply with all other applicable laws, including the FD&C Act,” according to FDA site. 

The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn't reached a final conclusion on regulating hemp-derived CBD products.

“Currently, the FDA is just asking for information,” said Chris Husong, Vice President of Marketing and Communications at Elixinol, a Colorado-based CBD and hemp extract company. “They're asking for public guidance and guidelines around that, which we're happy to give them. Right now, their main instruction is 'don't make claims.' ”

The murkiness surrounding CBD regulations, however, hasn't stopped the health and wellness industry from putting the spotlight on this non-intoxicating cannabinoid. Wellness companies are following the lead of cosmetic makers, which aren't bound by the same stringent labeling criteria as drugs, food, or dietary supplements. 

The FDA defines cosmetics as “articles intended to be rubbed, poured, sprinkled, or sprayed” on the human body, a description that fits many hemp-derived CBD products. Aside from most color additives, under the FD&C Act, cosmetic products and ingredients are not subject to premarket approval by the FDA – this includes cannabis and cannabis-derived ingredients.    

The agency warns that a lack of specific CBD regulations doesn't grant freedom to make iffy claims. It's still necessary to comply with the rules that govern safety. 

Following the FDA regulations for cosmetic product labeling, CBD-infused health and beauty product labels should:

• Not be false or misleading
• Provide required information (includes identity statement, statement of quantity of contents, name and place of business, distributor statement, material facts, warning or caution statements, and ingredients) 
• Properly display label information
• Not violate the Poison Prevention Packaging Act of 1970

Claims About Treating Diseases and Conditions

It's important to note that the CBD oil and CBD-infused product labels should not make any therapeutic or medical claims. The FDA may classify a product as a drug if the label claims that the product  “treats or prevents disease or otherwise affects the structure or any function of the body.” The agency sent warning letters to companies selling CBD products that claimed to prevent, diagnose, treat, or cure serious diseases. 

Despite the lack of regulatory oversight, some CBD companies voluntarily adhere to strict labeling standards. Chase Terwilliger, CEO of Denver-based Balanced Health Botanicals, the parent company of CBDistillery, said a stricter level of FDA label standards would give consumers better access to higher-quality products.  

“As a company that follows the most stringent guidelines, we at CBDistillery have a strong opinion and hope that hemp-derived CBD products will be labeled and regulated as they are with any other dietary supplement,” he told Weedmaps News. 

Consumers already treat CBD as a dietary supplement, adding CBD oil to food and drinks, noted Husong of Elixinol.

“The FDA has clearly said they have not given the authorization yet to call it a dietary supplement, we hope they will,” he said. “I think adding it to food is something that people are going to do naturally. They're already doing it.” 

What to Look for on CBD Product Labels

Most reputable CBD producers will typically include the following information on their CBD product labels:

• Amount of active CBD per serving 
• Supplement Fact Panel, including other ingredients
• Net weight
• Manufacturer or distributor name
• Suggested use
• Full spectrum, broad spectrum, or isolate
• Batch or date code

Beware of Buzzwords

Don't be enticed by compelling words like “pure,” “organic” or “all-natural,” because these have no scientific meaning for cannabis or hemp and could just be a misleading marketing slogan. There are also some CBD product labels that claim to contain hemp or hempseed oil, but this is not the same as hemp-derived CBD oil. While these products are high in antioxidants and fatty acids, they don't contain any CBD. According to Terwilliger, consumers should beware of these products as they “frequently contain little to no cannabinoids.”

Full Spectrum, Broad Spectrum, and Isolate

The label also should clearly state which type of CBD is included. Three main types are most popular: full spectrum, broad spectrum, and isolate CBD oil.

Full-spectrum CBD oil, also known as whole plant, mixes CBD with cannabis-derived terpenes, a trace amount of THC, as well as lesser-known cannabinoids such as cannabigerol (CBG) and cannabinol (CBN). Consuming full-spectrum CBD oil tends to create what's called the entourage effect, a phenomenon that occurs when cannabinoids and terpenes work together synergistically to produce a greater effect.   

Broad-spectrum CBD oil contains a similar array of cannabinoids and terpenes but without the trace amounts of THC. Additional processes can remove as much THC from the CBD oil as possible, while still maintaining other cannabinoids and terpenes.

Isolates are made by stripping away all other cannabinoids and terpenes, resulting in a crystalline powder that is pure CBD. Product labels should denote if the CBD oil is isolate-based or contains other cannabis-based compounds. Since the isolated form of CBD comes in a crystalline powder, it's usually mixed with a carrier oil, typically coconut or olive oil. 

Also, read the label of CBD isolates for the level of purity. A range of 99.9% and above will likely have no traces of THC, but lower purity isolates under 99.5% could still have trace amounts of THC. The only surefire way to accurately identify the contents of CBD oil is through a certificate of analysis from third-party testing, but a reputable producer's product label should suffice.

As for which type of CBD is better, some existing evidence suggests that full-spectrum CBD oil is the most beneficial. In a 2015 study published in Pharmacology & Pharmacy, researchers found that CBD-enriched cannabis extract with low THC was more effective in treating inflammation in mice than purified CBD. However, isolates offer a viable alternative for avoiding  THC due to personal preference or fear of failing a drug screening.

How the FDA Can Improve CBD Product Label Regulations

No matter how descriptive labels are, consumers might not be able to grasp how much CBD is in a container, serving or dose, or how it may affect them. Husong offered other elements he'd like to see on labels, including country of origin.

“I think it's important we start talking about price per serving, that not all CBD is created equal.  Whether it's isolate, full spectrum, a vape product, your body absorbs CBD differently,”  Husong said. “We should start putting a price per serving as a measurement of a quality product.” 

While some CBD companies try to go above and beyond to list pertinent information on product labels, until CBD label regulations are clear and strictly enforced by the FDA, the old advice applies: buyer beware.

CBD edibles and vapes spiked with a variety of synthetic marijuana compounds have found their way to consumers in Louisiana, Maryland and nearly a dozen other states, according to a nationwide Associated Press investigation into unregulated cannabidiol products. Synthetic marijuana, often marketed as K2 or Spice, has been linked to mass hospitalizations and other health emergencies across the U.S. and Europe. While they have nothing to do with cannabis plants, synthetic marijuana chemicals somewhat mimic the activity of cannabinoids, but they are significantly more potent. Adverse reactions to synthetic marijuana range from fainting and dizziness to vomiting, heart and lung illness, coma, and even death.

Investigation Uncovers CBD Vape Cartridges and Edibles Spiked with Synthetic Marijuana

The U.S. hemp-derived cannabidiol industry is growing rapidly, thanks to the lifting of the ban on hemp products. But unregulated, untested CBD products still dominate the market. And while many products come from reputable companies that are as transparent as possible about their manufacturing processes, some originate from sources that are lacing products with dangerous synthetic chemicals.

The term synthetic marijuana is somewhat of a misnomer. It’s a catch-all term for unknown chemical mixtures sprayed on or added to smokable herbs and flowers and typically inhaled or ingested, hence its association with cannabis. These drugs provide a cheap, intense and dangerous high. And now, investigators are finding them in CBD vape and edible products.

AP’s investigation began with a nationwide survey of law enforcement. That survey revealed that at least 128 of 350 CBD products labs tested contained synthetic “marijuana.” Gummy bears accounted for 36 of those 128. The rest were vape products. AP says most of the testing occurred in Southern states. And in Mississippi, labs detected fentanyl in some products labeled CBD.

Through the survey, AP obtained a list of brands and products containing synthetic marijuana. It then sent reporters to purchase those products in retailers across the U.S. and have them tested. In all, AP turned up contaminated CBD products in 13 states. Some of the products could be purchased online and shipped anywhere in the U.S.

Because the investigation focused on suspect brands and products, its results don’t represent the CBD market as a whole. Still, the report highlights the dangers of untested cannabidiol products at a time when the U.S. is still dealing with a string of vape-linked illnesses and deaths.

Green Machine, Yolo Vape Cartridges Found Containing Synthetic Marijuana

AP reporters have so far tested about 30 suspicious cartridges purchased at convenience stores mostly located in Southern states. Lab tests showed that 10 of the 30 contained synthetic marijuana, including Juul-compatible Green Machine CBD pods and Yolo CBD vape cartridges. Test results found the cartridges contained chemicals linked to multiple deaths in Europe and dozens of hospitalization in the U.S., spanning states from Utah to Louisiana to Maryland.

One of those cartridges, sold at a mom-and-pop convenience store, the 7 to 11 Store, put a young man in a coma in South Carolina. Jay Jenkins said two puffs of a vape cartridge he thought contained CBD induced hallucinations and made him feel like he was dead. According to Jenkins’ medical records, he suffered acute respiratory failure after being rushed to the hospital, where he fell into a brief coma.

There are no consistencies in terms of the chemicals found or the products contaminated with them, either. Products found to contain no synthetic marijuana in one state tested positive for them in another. For Green Machine CBD pods, for example, four of seven tested positive for synthetic marijuana.

Furthermore, investigators had little luck tracking down anyone to hold accountable for the spiked CBD products. Retailers typically point higher up the supply chain, placing blame with producers and manufacturers. The absence of any regulatory oversight makes it very difficult to track down the people behind the laced CBD products. As a result, the American Association of Poison Control Centers has listed CBD as “an emerging hazard.”