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Pennsylvania State Senate
07/17/2024 09:17 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=S&cosponId=39779
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: February 9, 2023 03:03 PM
From: Senator Judith L. Schwank and Sen. Sharif Street
To: All Senate members
Subject: Oversight of Kratom, Delta-8 and CBD sales
 
Shortly, we plan to introduce companion legislation being introduced in the House by Representative Dan Frankel which will address the sales of substances such as kratom, Delta-8 THC, and CBD.

Unfortunately, widespread availability has not been matched by corresponding oversight. These products have legitimate uses, but a lack of basic safety regulations leaves consumers unable to rely on anything they read on the products’ labels.  As it stands, there are no FDA-approved uses of Kratom, and Delta-8 THC, aside from Epidiolex (CBD).  Federal attempts to regulate have been confusing and limited, and therefore a robust market of unregulated products has formed.  

This is concerning for numerous reasons, including:
  • Kratom affects the same opioid brain receptors as morphine and appears to have properties that expose users to the risks of addiction, abuse, and dependence. As of yet, there is no clear appropriate dosage for kratom.
  • The natural amount of Delta-8 THC in hemp is very low, and additional chemicals are needed to convert other cannabinoids in hemp, like CBD, into Delta-8. Along with Delta-8 being an intoxicating substance, a synthetic conversion may involve unsafe chemicals.  The U.S. Food and Drug Administration (FDA) in Sept. 2021 issued a warning about the potentially unsafe household chemicals sometimes used in converting CBD into Delta-8 THC, along with how Delta-8 manufacturing may happen in uncontrolled or unsanitary settings, which may lead to the presence of unsafe contaminants or other potentially harmful substances.
  • A 2019 study published in the Journal of Clinical Toxicology found that calls to U.S. poison control centers about kratom skyrocketed more than 50-fold. The FDA reports that in 2022, 70% of Delta 8 THC calls required health care facility evaluation, 45% of which were pediatric patients.
  • Concerns have been raised that some commercially sold products contain different psychoactive chemicals than described or may simply be other products entirely.
 
The real problem is because these products are unregulated, we have no idea what’s in them, and no way to find out.

Our legislation will ensure that consumers can safely use these products. Specifically, the legislation will prohibit the sale of these products to individuals under 21, require testing and accurate labeling of their contents, and establish a fund to promote public awareness campaigns about the safety of these products. 

Please join us by co-sponsoring this legislation.