WA Hemp in Food Task Force - Meeting
(August 17, 2022)

Here are some observations from the Wednesday August 17th Washington State Hemp in Food Task Force (WA Hemp in Food Task Force) Meeting.

My top 3 takeaways:

• Nephi Stella, University of Washington Center for Cannabis Research (UW CCR) Director, led a review of “Current Understanding of Some Fundamentals of Cannabis Research,” sharing points of interest to researchers before taking questions from task force members.
  • Stella’s review was substantially similar to another given during a UW CCR Webinar on April 4th, though with some different emphases given the task force mandate (audio - 30m). 
    • He indicated that cannabidiol (CBD) harms had begun to receive scrutiny from scientists, especially at high doses, or in interactions with alcohol and other drugs.
    • Among cannabinoid receptors in the human endocannabinoid system, Stella brought up GPR55 receptors which were “engaged by CBD.” He stated its “signaling system” was impacted by exogenous cannabinoids just starting to be researched.
      • Learn more from research on GPR55 receptor functions:
        • The novel cannabinoid receptor GPR55 mediates anxiolytic-like effects in the medial orbital cortex of mice with acute stress (2017)
        • GPR55: a new promising target for metabolism? (2017)
        • CB2 and GPR55 Receptors as Therapeutic Targets for Systemic Immune Dysregulation (2016)
        • GPR55 is a cannabinoid receptor that increases intracellular calcium and inhibits M current (2008)
    • Referring to a draft hemp in food bill advocated for by Bonny Jo Peterson, Industrial Hemp Association of Washington (IHEMPAWA) Executive Director, Stella noted it included a tetrad test for studying cannabinoid impact on mouse behavior that was used by the U.S. Drug Enforcement Administration (DEA) to identify potential cannabinoids. He said the DEA process was “more complicated,” known as tetrahydrocannabinol (THC) “discrimination tests,” and warned that “we have nothing that resembles this for CBD."
      • Peterson testified that she helped draft SB 5767 in 2022, which also featured a tetrad test.
    • Stella brought up a research article, "A Review of Hemp As Food and Nutritional Supplement," to emphasize information on “bioactive compounds” as well as the fact that a Czech Republic subsidiary of CBDepot, Canna Pharma, was applying to use CBD as a food supplement with the UK Food Standards Agency and Food Standards Scotland.
    • Stella framed other lines of inquiry concerning hemp in food:
      • Is it possible to quantify the nutritional value of CBD?
      • Would CBD gummy bears that help sleep be “regulated as a food,” nutraceutical, “or even medicine?”
      • How are food products that contain bioactive compounds regulated?
      • How might basic criteria for food safety apply to CBD?
      • “What are we going to do with failed crops?” Stella remarked that another UW researcher had been looking at recycling options like creating fertilizer from so-called “hot” hemp crops with too much THC.
  • David Gang, Washington State University Center for Cannabis Policy, Research, and Outreach (WSU CCPRO) Director and professor at the WSU College of Agricultural, Human, and Natural Resource Sciences, wondered about "non-impacting, or also safe” THC levels if extracts in food weren’t pure CBD. Stella advised more specific study of the “good question,” but speculated that since THC levels in hemp were already low, labeling might be able to identify residual cannabinoids in a hemp additive or ingredient (audio - 2m). 
  • Peterson wanted to know about ratios of CBD to THC, particularly the “counteractive properties" of CBD on the psychoactive impacts of THC. Stella agreed there was probably one "we can definitely work with" for food products, but a ratio was dependent on how much of an item a person consumed. This made clear labeling of “serving portion” for products with any ratio of THC important, he added (audio - 3m). 
  • Jessica Tonani, Verda Bio CEO, inquired about regulating additional “non-impairing” compounds in cannabis besides CBD, some of which might not yet be known. Stella agreed with that approach, encouraging legislation to allow for flexibility until there were “validated ways to say ‘yes, this compound is intoxicating’” (audio - 6m). 
    • Steven Byers, The Athena Group Partner and WA Hemp in Food Task Force facilitator, asked Stella to restate the concept, who answered that we don't have "the molecular, or pre-clinical mouse testing" to designate safe or medical amounts for CBD and other cannabinoids.
    • Tonani previously testified against WSLCB cannabinoid regulation legislation due to concerns over broad, “unenforceable” definitions.
  • Brad Douglass, Spoke Sciences Chief Regulatory Officer and Vice President of Chemistry, inquired about safe and medical dosages of CBD for adults. Stella joked that it was “too hard” to say scientifically, but thought “there’s two levels” to consider (audio - 3m):
    • A safe dose was likely “into hundred[s of] milligrams” even for children.
    • Answering the question of “what dose of CBD is not considered a medicine anymore” was more challenging since the compound had “medical properties in the 20-30 milligram” range.
    • Stella felt the challenge was putting CBD in food “and yet, it’s not a medicine” or nutraceutical.
  • Joy Beckerman, Hemp Ace International Founder and Colorado Hemp Works Senior Advisor and Co-Founder, offered to connect the task force with the European Industrial Hemp Association. She brought up the role of regulatory authorities in setting limits and ratios on hemp in food, noting differing processes in other states. Stella was in favor of regulatory engagement on the matter (“that’s their job”) and encouraged involvement of officials from the Washington State Department of Health (DOH, audio - 2m).
    • DOH was represented on the task force by Susan Shelton, a Food Safety Specialist and member of the Washington State Retail Food Safety Advisory Council (WA FSAC), who was not present at the first meeting of the task force.
  • Jedidiah Haney, Natural Family Farms LLC Founder, said a regular topic among microgreens growers like himself was "when is it a supplement, and when is it not.” He wondered if there could be an allowance for consumers to process hemp in their homes, comparable to wheat grass. Stella reiterated the need for DOH representatives to weigh in on food limits for different bioactive compounds, though he was “optimistic” it could be done for CBD at least (audio - 3m).
  • Returning to labeling, Peterson wanted to know if the "nutritional end of things" would require more research, and in what areas. Stella responded with his expectation that DOH staff would have a "methodical approach" for that and that he could help facilitate research for them to make a final determination on labeling needs (audio - 3m). 
  • Beckerman attributed confusion on the regulatory approach to federal inaction and asked how DOH officials would respond to “being saddled with a ton of research” she felt should mostly be the responsibility of the industry. Shelton chimed in to say DOH had been “looking for this ‘miracle worker’" to help regulate cannabinoids, but they’d look at in-state academic research and out-of-state programs and “report back" to the task force. WSDA Food Safety Assistant Program Manager David Erho agreed his program lacked “that kind of expert” and usually had to search externally for “what we can learn” (audio - 5m). 
  • Tonani pointed out a July 2022 report from an advisory body for Health Canada on cannabis in food (audio - <1m).
  • Eric Elgar, Nextraction Vice President of Quality Operations, commented that nutritional information “might be a moot issue" as food products already carried labeling for all ingredients, and regulation could be handled “downstream” (audio - 1m).
  • Haney was not opposed to delegating responsibilities to DOH, but reminded participants of the department’s historical responsibility to review qualifying conditions for medical cannabis patient eligibility - an authority eventually returned to the state legislature. He agreed that determining the nutritional value of hemp as an ingredient was important but also wanted members to consider how hemp was harvested, stored, and processed into food ingredients beyond cannabinoid extracts (audio - 3m).
  • Shelton said she’d worked “in retail food and I know a lot of our industry would like to actually incorporate these ingredients” in food, making their packaging and labeling work relevant there as well (audio - 1m). 
  • Amber Wise, Medicine Creek Analytics Science Director, stated that members should consider people who may take multiple “safe doses” of something throughout a day when defining appropriate serving sizes. She warned against encouraging consumers or food service locations to “stack” servings of CBD in items (audio - 1m). 

• Task force members discussed how to best organize topics of concern, subdivide into work groups, and prioritize effort.
  • Byers reviewed the August 3rd meeting and his notes as he introduced the idea of work groups to research ideas and report to the full task force. He asked members to suggest focus areas (audio - 6m) and organize “unique” ideas in a brainstorm document (audio - 4m). 
    • Beckerman commented that a definitions and terminology group was important (audio - 1m). She then then offered a framework for work groups in the chat box (audio - 1m):
      • “1. Definitions
      • 2. Cannabinoid Hemp Processor, Distributor, Retailer & Other Licensing/Permitting
      • 3. Requirements [& Prohibitions] for Cannabinoid Hemp Processors - - Incl. Laboratory Testing Requirements for Cannabinoid Hemp Products
      • 4. Requirements [& Prohibitions] for Cannabinoid Hemp Distributors/Retailers
      • 5. Requirements [& Prohibitions] for Cannabinoid Hemp Products - - Incl. Packaging & Labeling of Cannabinoid Hemp Products AND Incl. Artificial / Synthetically-Converted / Intoxicating Cannabinoids
      • 6. Marketing of Cannabinoid Hemp Products”
    • Tonani wanted another group to consider “what specific data points would [regulators] like to see…in order to regulate” and enforce rules (audio - 1m). 
    • Haney advocated for a group on “novel crop and fresh harvest [food safety] standards" (audio - 1m).
    • Elgar wanted to know if a group would look at “dosage/concentration/potency” as a food issue, and Byers wondered if that would fit in with “regulatory components" (audio - 2m).
    • Members further discussed how to organize topics among the work groups they were developing (audio - 6m). Beckerman provided more input on a group looking at licensing and permitting (audio - 1m) and Haney brought up “retail sales standardization" (audio - 2m). 
  • Task force members were then encouraged by Byers to prioritize the work groups they’d settled on (audio - 1m) and signal their interest in volunteering (audio - 1m).
    • Language, Terms, and Definitions (audio - 1m)
      • The initial draft at the end of the meeting and subsequent brainstorming document indicated this work group would examine existing legislation and other data sources for the best wording and definitions for use by the task force, including:
        • “Impairing/Intoxicating (differentiate between common usage and needs to be included in legislation) Such as those that don’t activate receptor ‘THC/nonTHC cannabinoids’
        • Artificial vs. Synthetic
        • Define approved/issue with federal codes”
      • A top priority for the task force, this group’s volunteers included:
        • Lukas Barfield, Quality West Cannabis (QWC) Owner
          • Barfield was also the Washington State Liquor and Cannabis Board Cannabis Advisory Council (CAC) Patient Representative
        • Joy Beckerman
        • Brad Douglass
        • David Gang
        • Bonny Jo Peterson
        • Susan Shelton
        • Dylan Summers
    • Bio-Safety Issues (audio - 1m) and Concentration (audio - 1m).
      • This work group would be tasked with:
        • Reviewing data on CBD and other cannabinoids “where available”
        • Identifying and differentiating other “regulated compounds” along with “intoxicating/impairing” substances
        • Artificial and synthetic cannabinoid regulation
        • The “medical properties of compound thresholds”
        • Suggesting which state agencies should regulate certain products or processes
      • Elgar asked which group would evaluate other cannabinoids besides CBD. Stella pushed for that to be part of the Bio-Safety Issues and Concentration work group and others concurred (audio - 3m).
      • Another top priority, work group volunteers included:
        • Joy Beckerman
        • Eric Elgar
        • Jed Haney
        • Bonny Jo Peterson
        • Nephi Stella
        • Dylan Summers, Lazarus Naturals Vice President of Government Affairs
        • Jessica Tonani
        • Amber Wise
    • Novel Crops and Fresh Harvest (audio - 1m)
      • This work group would cover immature “leafy green” crops, novel crop standards, and specialty crop programs.
      • Later on, Byers observed limited interest in this topic beyond Haney, though Byers suggested Huston Middlesworth, Semillas de Estrella Director, be included (audio - 2m). 
      • A top priority with the following volunteers:
        • Lukas Barfield
        • Jedidiah Haney
        • Huston Middlesworth
    • Several second tier priority work groups were identified but volunteers were not assigned:
      • Food Manufacturing Processes (audio - <1m)
      • Licensing and Permitting (audio - <1m)
      • Marketing, Advertising, Labeling (audio - <1m)
      • Regulatory Focus/Components (audio - 2m)
      • Testing Requirements (audio - 1m)
  • Further discussion touched on getting expertise from state regulators not already on the task force (audio - 7m). 
  • Wise also shared her insights on organizing work group deliverables to the task force based on her time on the Washington State Cannabis Science Task Force Steering Committee (audio - 2m). 

• Looking ahead, facilitator Steven Byers addressed next steps for the task force and work groups (audio - 4m). 
  • He remarked that their next meeting would be Wednesday August 31st. He hoped to schedule a presentation from Canadian Hemp Farmers Alliance Founder Dan Carter and added that they might hear preliminary progress updates from the newly-formed work groups as well.
  • Stella said a review of other state policies could be “very enlightening” and Beckerman offered to provide a summary.
    • The agenda for the August 31st meeting included an “Overview of Cannabinoid Hemp State Law & Regulation” by Beckerman.
  • McLain noted WSDA was in the process of hiring an analyst who might be able to help them draft work group reports and/or the task force’s report to the legislature.