Published inLaw360on August 15, 2023. © Copyright 2023, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

Much attention has recently been placed on hemp-derived products marketed in packaging that mimics popular snack foods.[1]

According to the U.S. Food and Drug Administration and various state regulators, this type of packaging has contributed to an increase in accidental consumption of intoxicating hemp products by minors.

Hemp product regulations have not kept up with the evolution of the hemp-derived products marketplace. Thus, an ever-changing menu of hemp-derived products have been launched into the public marketplace, with little federal and state guidance as to packaging, labeling and content.

Cannabis — or marijuana, the high-THC version of the cannabis plant — in contrast, has been highly regulated for over a decade.

In states like Virginia, marijuana is only available for medical use, and can only be purchased by patients or caregivers who receive a recommendation from a doctor. In some cases, patients even must register with the state for a medical marijuana card.