The FDA warns against putting cannabinoids in food 🎯

FDA
The FDA takes aim at cannabinoids in food 🎯

Driving the news: The Food and Drug Administration expanded its anti-cannabinoid stance in a warning letter to the owners of Dozo, an online retailer that sells products containing a variety of cannabinoids — compounds in the cannabis plant — beyond just THCa and Delta-9 THC, the standard form of THC in cannabis.

What they’re saying: “We know of no basis to conclude that any use in food of a cannabinoid, plant derived or otherwise, would be safe and lawful. For some cannabinoids, such as Delta-8 THC, the available data raise serious concerns about potential harm,” Laura Akowuah, the Acting Director of the Office of Enforcement for the FDA, said in a statement. 

“For other cannabinoids, there is little or no available information concerning the safety of their use in food. No cannabinoid, plant derived or otherwise, is approved for any use in food as a food additive.” 

Go deeper: The letter, written on May 25 and publicly released June 3, came in response to a complaint that the FDA received for an adverse reaction involving Dozo’s products. The agency’s main contention was that the company’s products contained Delta-8 THC, which makes it an adulterated food, because of the presence of an “unsafe food additive.”

This is not the first time that the FDA cautioned companies about Delta-8 THC, but it is the first to note that it considers all other cannabinoids unsafe in foods.

The FDA declared Delta-8 THC unsafe in foods at the end of 2023 through a series of warning letters. The agency sent out nine warning letters in 2024 that referenced either Delta-8 or Delta-9 THC. The Dozo letter is the first such letter this year.

A massive amount in every bite: The FDA analyzed Dozo’s D9 Smashers Mango Peach 20-pack gummies, which is labeled as containing 10,000 mg of cannabinoids per pack.

Since the FDA reached out, Dozo has removed gummies from its online store, but the site still includes certificates of analysis for its gummy products. The test results for the peach mango gummies say each one contains about 400 mg of Delta-8 and Delta-10 THC, 80 mg of HHC, 15 mg of Delta-9 THC and THCa, and about 5 mg of CBD and CBG, which are other cannabinoids thought to have therapeutic effect.

The bottom line: While it appears that the FDA has been less active this year in cracking down on Delta-8, this letter could hint at further action against all cannabinoids, natural or synthetic.

And more: The sale of these products was largely made possible by the 2018 Farm Bill, which created the so-called loophole that legalized all cannabis that contained less than 0.3% Delta-9 THC by dry weight. 

House Republicans on Wednesday afternoon released a draft appropriations bill that included an attempt to close that loophole. Beyond Delta-8, cannabis that contained anything more than trace amounts of any intoxicating cannabinoids would be illegal. The committee is run by longtime cannabis reform opponent Rep. Andy Harris (R-MD). 

That bill heads for a committee markup at 10:30 AM today. We’ll bring you the takeaways.

-ZH

“We are disappointed that Chairman Harris is yet again trying to inappropriately shoehorn a farmer-crushing, job-killing hemp ban into a spending bill. We are hopeful that this effort fails as it has in the past, but the US hemp industry will be united in working together to defeat this misguided attempt to destroy a market,” Jonathan Miller, the general counsel of the US Hemp Roundtable, an industry trade group, said in a statement.

Vermont lawmakers abandon direct cultivator sales pilot 🧑‍🌾

The Green Mountain State is no longer considering a program that would have allowed cultivators to sell directly to consumers at public events such as farmers' markets. The plan was intended to assist Vermont's craft grower market. House Republicans worried that operators would abuse the program and convert public fairgrounds into weed bazaars. "They could literally take over the Champlain Valley Fairgrounds or the Rutland fairgrounds," Rep. Jim Harrison said to Vermont Public. 

North Carolina governor creates cannabis advisory council 🌿

The 24-member North Carolina Advisory Council on Cannabis, which Gov. Josh Stein created through executive order on Wednesday, will recommend how the state should move forward with cannabis policy. North Carolina is one of the few states left in the country that does not even allow legal medical cannabis, which has left the door open for a vibrant, yet unregulated, hemp market. The commission is supposed to begin meeting in July, in order to submit policy recommendations by March 15, 2026. 

MA House passes new omnibus cannabis bill 🔨

H. 4187, which now resides in the Senate, would reshape regulations, including reducing the size and restructuring of the Cannabis Control Commission, remove the requirement that medical licensees be vertically-integrated, increase the daily purchase limit from 1 oz. to 2 oz., increase the cap on retail ownership from three storefronts to six, and re-legalize hemp drinks sold outside of dispensaries with no more than 5 mg of THC. The bill comes after at least two years of turmoil on the commission, and corrects some of the commission's past actions, while advancing other ones that have stalled under the current leadership.

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Online hemp retailer buys cultivation network 💻

SuperGreens Hemp Co., a Maryland-based online hemp company, announced the acquisition of 36 hemp farms across California, Oregon, Nevada, Kentucky, Colorado, Montana, and Texas. The company also entered into new partnerships with over 60 independent hemp farms. 

Goodmellow launches nationwide 🍹

Brandon Hanson, the founder of Hanson of Sonoma Vodka, launched Goodmellow, a line of hemp-derived THC seltzers in flavors like Grapefruit Habanero and Strawberry Hibiscus nationwide. The seltzers are available direct-to-consumer nationwide, the company said in a press release.

Vetrina joins C3 Industries 🚀

Vetrina is joining C3 Industries as in-house strategists, according to Vetrina founder (and friend of Cultivated) Krista Raymer. Raymer will become C3’s Chief Strategy Officer. Vetrina began serving as a retail consultant to C3 last year before the latter company decided to make it official.

Raymer will join Jay later today on Cultivated Live to talk about the new role. Catch that conversation on our LinkedIn or YouTube channel.

Howard University study looking at cannabis and sickle cell disease 💉

Howard University's Department of Pediatrics and Child Health is in the middle of studying the impacts of cannabis use among adolescents and young adults with sickle cell disease. Prior to the study researchers noticed an uptick in cannabis usage among those with the disease, whose pain symptoms are often treated with opioids.

Cannabis company Trulieve is partnering with Mission [Green], a nonprofit that works to secure clemency for people impacted by cannabis prohibition. The nonprofit is powered by the Weldon Project, founded by former cannabis prisoner Weldon Angelos who was pardoned by President Trump in 2020. 

Trulieve shoppers can “roll up” their total to the nearest dollar with proceeds going to support Mission [Green]. Read more.

Banks and businesses deserve clarity on the legal treatment of cannabis | American Banker

Risks of cannabis range from heart attack to psychosis. Here’s who may be most susceptible | Fortune