Beer Industry Group Pushes Tighter Regulations For Cannabis Products—And Higher Taxes Than Are Levied On Alcohol

Sounds like somebody feels a bit threatened!

Marijuana Moment

A leading beer industry trade group has put out a statement of guiding principles to address what it calls “the proliferation of largely unregulated intoxicating hemp and cannabis products,” warning of risks to consumers and communities resulting from THC consumption.

Among other recommendations, the Beer Institute advises in the new document that lawmakers take a “zero tolerance approach” to THC and driving—a policy that could prevent casual cannabis consumers from ever being able to legally drive due to how long the drug’s metabolites stay in the body after use—and keep in place the federal ban on combining intoxicating cannabinoids and alcohol.

The group also calls for a federal excise tax on both hemp and cannabis products, “with the tax rate set higher than the highest rate for any beverage alcohol product.”

“For decades, America’s brewers and beer importers have demonstrated their commitment to fostering a culture of moderation and the responsible consumption of our products, all within a robust regulatory and and taxation system,” president and CEO Brian Crawford claimed in a statement last week. “The current patchwork of intoxicating hemp and cannabis laws and regulations do not meet the same standards to which the beer industry willingly adheres.”

The Beer Institutes’s new guiding principles on hemp and cannabis products don’t take a position on legalization broadly, saying instead that “legalization of consumable cannabis products is for American voters, state legislatures and Congress to decide.” Nevertheless, it emphasizes the the “lack of scientific data regarding the consumption of intoxicating hemp and

The trade group, which represents American brewers, importers and industry suppliers, says that if intoxicating hemp products are legalized—which, under the 2018 Farm Bill, they already are at the federal level—then “policymakers should implement appropriate regulatory frameworks at the state and federal levels that inform and protect consumers and ensure intoxicating hemp and cannabis products are marketed, sold and consumed responsibly.”

Notably, the group’s guidance does not evaluate relative harm associated with alcohol versus marijuana consumption. A separate study earlier this year by investigators at the Alcohol Research Group and RTI International, however, found that secondhand harm from alcohol was nearly six times that of cannabis. Perceived harms from opioids and other drugs also outweighed those related to marijuana.

Separate research published earlier this year also found that the use of marijuana alone was not associated with higher risk of a car crash, while alcohol—whether used by itself or combined with marijuana—showed a clear correlation with increased odds of a collision.

“The Beer Institute supports a ‘zero tolerance approach’ for THC-impaired driving until proper field measurement technology and protocol are widely available and guidance on safe levels of consumption is established,” the organization’s new guiding principles document says.

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Beer Industry Group Pushes Tighter Regulations For Cannabis Products—And Higher Taxes Than Are Levied On Alcohol

 

Intoxicating Hemp and Cannabis

Beer has been part of American culture for hundreds of years and remains America’s most popular alcohol beverage, and with its moderate alcohol content, beer can be enjoyed sensibly and responsibly.

Brewers and beer importers dedicate significant resources and attention to responsibility efforts and have long been committed to responsible advertising, community service, and working with state and local governments, law enforcement and third parties to promote public safety.[1]

Therefore, the Beer Institute maintains the following principles on intoxicating hemp and cannabis:

  • The legalization of consumable cannabis products is for American voters, state legislatures and Congress to decide.
  • The Beer Institute supports efforts underway by lawmakers to close an unintended federal loophole that is enabling the proliferation of unregulated intoxicating hemp products across the country, including those containing synthetically derived THC.
  • Government experts [2] have publicly highlighted the lack of scientific data regarding the consumption of intoxicating hemp and cannabis products.
  • Intoxicating hemp and cannabis products are fundamentally different than beer and the taxation of them by government entities should reflect these stark differences just as governments at all levels in the United States have consistently reaffirmed the different tax treatment between beer, wine and hard liquor.

Below is additional detail on the Beer Institute’s principles on intoxicating hemp and cannabis, which focus on four key areas: revenue, regulation, responsibility and research.

FOOTNOTES

[1] https://madd.org/decide-to-ride/

[2] FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). U.S. Food and Drug Administration. https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd#food. (FDA has not determined that THC is “generally recognized as safe (GRAS) by qualified experts.”)

[3] Alcohol and Drug Prevalence Among Seriously or Fatally Injured Road Users, National Highway Traffic Safety Administration. December 2022.  https://rosap.ntl.bts.gov/view/dot/65623. (THC is most prevalent substance detected in serious injury or fatal roadway crashes)

[4] According to the CDC’s 2023 Behavioral Risk Factor Surveillance System (BRFSS) data, smoking is the most common mode of cannabis use, with 76.9% of past month cannabis users reporting they smoked cannabis.

[5] https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc

 

https://www.beerinstitute.org/policy-responsibility/policy/intoxicating-hemp-and-cannabis/

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