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House of Representatives
Session of 2023 - 2024 Regular Session


Posted: January 6, 2023 12:27 PM
From: Representative Dan Frankel
To: All House members
Subject: Ensuring Product Safety
Drive through any town and you’ll see gas stations or shops advertising substances such as kratom, Delta-8 THC, and CBD. Unfortunately, widespread availability has not been matched by corresponding oversight. These products have legitimate uses, but a lack of basic safety regulations leaves consumers unable to rely on anything they read on the products’ labels.  As it stands, there are no FDA-approved uses of kratom, Delta-8 THC, and aside from Epidiolex, CBD. Federal attempts to regulate have been confusing and limited, and therefore a robust market of unregulated products has formed.  

This is concerning for numerous reasons, including:
  • Kratom affects the same opioid brain receptors as morphine and appears to have properties that expose users to the risks of addiction, abuse, and dependence. As of yet, there is no clear appropriate dosage for kratom.
  • The natural amount of Delta-8 THC in hemp is very low, and additional chemicals are needed to convert other cannabinoids in hemp, like CBD, into Delta-8. Along with Delta-8 being an intoxicating substance, a synthetic conversion may involve unsafe chemicals. Independent lab tests of Delta 8 purchased from the commercial market found that a quarter of samples were over the legal limit for THC, and one had none of the active ingredients advertised at all. Three samples contained yeast and mold, and one sample exceeded the state lead limit.
  • A 2019 study found that calls to U.S. poison control centers about kratom skyrocketed more than 50-fold. In 2022, 70% of Delta 8 THC calls required health care facility evaluation, 45% of which were pediatric patients.
  • We’ve been told that some commercially sold products contain different psychoactive chemicals than described or may simply be other products entirely (including a combination of olive oil and fragrances.)
The real problem is because these products are unregulated, we have no idea what’s in them, and no way to find out.

For these reasons, I plan to introduce legislation that ensures consumers can safely use these products. Specifically, my legislation will prohibit the sale of these products to individuals under 18, require testing and accurate labeling of their contents, and establish a fund to promote public awareness campaigns about the safety of these products. 

Please join me by co-sponsoring this legislation.