Less than a week into the new year, the outlook for minor cannabinoids in 2025 remains uncertain, so what can we expect this year?
“This is the biggest unknown heading into the new year,” said Scott Mazza, founder of Vitality CBD and Certified Headies. “We have an incoming federal administration that’s difficult to predict, plus current policy in limbo. The Farm Bill, which determines the federal legality of hemp-derived cannabinoids, hit a stalemate in 2023. Despite receiving a one-year extension, it expired again in September with no policy update or further extension.”
Hemp vs industrial hemp
Mazza added that regulators are signaling a tougher stance on minor cannabinoids, with a senate Farm Bill draft seeking to close loopholes for intoxicating hemp and revising the definition of hemp so that it is distinguished from ‘industrial hemp.’
“They’re proposing a total THC standard of 0.3%,” he said. “This goes beyond the current ruling that solely pertains to delta-9 THC and would make delta-8 THC or THCA products illegal if they exceed that total THC threshold. While CBD and delta-8 products under 0.3% total THC would stay legal, it’s hardly reassuring for business owners in this emerging industry.”
The U.S. Hemp Roundtable issued a statement on the draft, introduced by Senate Agriculture Chair Debbie Stabenow, highlighting the proposal of hemp being redefined to require a total THC standard of 0.3%.
“This means that currently legal delta-8 THC or THCA products that include more than 0.3% total THC would be illegal. Currently, legal delta-9 THC or CBD products would not be impacted by this new language,” Mazza said. “Delta-8 THC products that have less than 0.3 total THC would also not be impacted.
“It is important to note that it is unlikely that this bill will pass this year, and Sen. Stabenow retires before the new Congress begins. This is considered more of a ‘messaging’ bill than a serious legislative effort. However, this is language that could reappear next year, so it is critical that we remain vigilant to provide an alternative path, with robust regulation instead of product bans.”
He said he agrees with the U.S. Hemp Roundtable. “We need solid regulations, not product bans. While this is likely just policy posturing during a lame-duck period, we need to see more constructive dialogue between the hemp industry and policymakers in the new year to evolve in this direction.”
Adding another layer of uncertainty, Mazza noted that there is also talk of federal recreational cannabis legalization under President elect Trump, which could reshape the entire cannabinoid market.
“Industry stakeholders and consumers will need to stay vigilant about legal changes in the coming year,” he said.
Building on the science
Regulations may have been stalled lately, but the science is moving full steam ahead.
“Research this past year has been a major highlight with science making significant strides in understanding CBD’s therapeutic potential,” Mazza said. “The science around dosing is also becoming clearer. A recent review suggests a maximum daily CBD intake of up to 160 milligrams for healthy adults while recommending a more conservative 70 mg daily limit for those who are pregnant, breastfeeding or trying to conceive. These evidence-based guidelines are another important step toward establishing CBD as a legitimate wellness tool with clear, science-backed applications.”
Another CBD brand that is banking on the science is cbdMD. The company’s chief science officer & vice president of regulatory affairs, Dr. Sibyl Swift, spoke with NutraIngredients-USA in July. She highlighted data published in the Journal of the International Society of Sports Nutrition showing that 100 mg per day of CBD for three months was well tolerated and not associated with any adverse events in healthy young men and women, compared with placebo.
“Over the 90-day study, it was completely well tolerated with no adverse effects, no issues with liver or what have you,” Dr Swift noted. “It aligns with what we’ve already seen. It aligns with data that we’ve submitted in the UK and other jurisdictions.”
Eyeing international opportunities
Given CBD’s regulatory uncertainty at home, some brands are exploring opportunities where regulations are clearer.
“There are plenty of opportunities in other countries to look for a way in which we can monetize this [science],” Dr. Swift said. “We’re actively selling in a number of Latin American countries, and we’re working on the final steps towards approval in UK FSA. So, there are places where we can actually utilize this, and there are plenty of regulatory agencies that are willing to review the safety that are willing to consider the statements that we’ve supported. So, I think that there’s relief internationally for now.”
Mazza said that while the promise of international markets is tempting given current domestic uncertainty, it is important to work for change here at home.
“In my experience, U.S. CBD companies are focusing their energy and resources on advocating for sensible domestic regulations that encourage better production methods and protect consumers. Essentially, we’re more interested in fighting to improve what we’ve built here rather than starting from scratch elsewhere,” he said.
