FDA Responds to Citizen Petition on Hemp THC Testing: Denies Request for Intoxicant Threshold Rule

FDA responded in March 2025 to a citizen petition filed by a coalition of public health organizations requesting an emergency rule establishing per-serving THC thresholds for hemp products and mandating intoxicant testing beyond delta-9 THC. FDA denied the petition's request for an emergency interim rule but acknowledged the petition raises "meritorious issues" and committed to initiating formal rulemaking. FDA's response summary: - Emergency rulemaking is not warranted: FDA finds no imminent hazard requiring bypass of notice-and-comment requirements - The agency agrees that per-serving intoxicant thresholds are needed for hemp products containing delta-8, delta-10, and other psychoactive cannabinoids - FDA commits to issuing an ANPRM on hemp intoxicant thresholds within 18 months - Until rulemaking is complete, FDA will continue enforcement based on case-by-case adulteration and misbranding analysis - The petition's call for mandatory total THC testing will be addressed in the ANPRM The response marks the first time FDA has publicly acknowledged that current hemp regulations are inadequate for intoxicating cannabinoids and committed to a formal rulemaking timeline.