Hemp Enforcement, Modernization, and Protection Act

This bill amends the Federal Food, Drug, and Cosmetic Act to create a new regulatory framework for cannabinoid hemp products, defining them, setting standards for different product types, and establishing enforcement mechanisms.

Sec. 3, Definitions: Adds new definitions to the FD&C Act, including 'cannabinoid' (covering many chemical subclasses, natural and synthetic), 'cannabinoid hemp product' (any article containing listed cannabinoids for human or animal use, excluding approved drugs, biologics, devices, certain food additives, and cannabis plants under cultivation), 'inhalable cannabinoid hemp product', 'oral cannabinoid hemp product', 'prohibited cannabinoid product' (products exceeding intoxicating cannabinoid thresholds or containing certain synthetic cannabinoids), 'topical cannabinoid hemp product', and 'total intoxicating cannabinoid content'.

Sec. 4, Cannabinoid hemp product regulation: Inserts a new Chapter X into the FD&C Act. Section 1001 defines terms like adverse event, facility, and responsible person. Section 1002 lists conditions that make a cannabinoid hemp product adulterated, such as contamination, exceeding cannabinoid limits, containing added substances like alcohol or caffeine, or failing to meet product-specific standards. Section 1003 lists conditions that make a product misbranded, including false labeling, missing required label information (ingredients, cannabinoid content, QR code for testing, warnings), or packaging that appeals to children.

Sec. 5, Enforcement: Amends the FD&C Act to make introducing a prohibited cannabinoid product into interstate commerce, selling to persons under 21, or failing to follow manufacturing/testing requirements a prohibited act. Adds enhanced criminal penalties (up to 10 years imprisonment) for knowing violations. Allows seizure of adulterated, misbranded, or prohibited cannabinoid products and authorizes detention during inspections.

Sec. 6, Rules of construction: States that nothing in the bill modifies or limits other provisions of the FD&C Act or the Public Health Service Act, or the authority of the Secretary of Health and Human Services or the FDA Commissioner, except as expressly provided.