Puerto Rico health committee hears calls to tighten rules on hemp/CBD products amid surge in synthetic cannabinoids

The House of Representatives Committee on Health held a hybrid hearing on May 9, 2025, to review a bill described at the outset as “Proyecto de la Cámara 2 23” that would amend Ley número 5 del 23 de abril de 1973 to give the Department of Consumer Affairs (DACO) explicit authority to regulate advertising, offers and sales of products containing cannabidiol (CBD) and related hemp-derived substances. Committee members heard unified testimony from the Puerto Rico Police, the Department of Agriculture’s hemp office (OLIC), and public-policy experts urging sharper legal definitions, new enforcement tools and more resources.

Why it matters: Witnesses told lawmakers that hemp- and CBD-derived products have proliferated in Puerto Rico retail outlets — including gas stations, bakeries and some pharmacies — and that many products on the market now include synthesized cannabinoids or high levels of acidic precursors (THCA) that can convert to psychoactive delta-9 THC when heated. Agency witnesses said this combination of broad availability, mixed labeling and limited inspection capacity creates public-health and enforcement risks, particularly for young people.

Agency testimony and numbers Edison Negrón Ocasio, attorney for the Department of Agriculture, summarized OLIC’s licensing and inspection figures. He said the office has issued dozens of licenses across categories but that relatively few remain active: 141 cultivation licenses (7 active), 51 manufacturing licenses (9 active), 149 importation/distribution licenses (30 active), eight research licenses, three seed-distributor licenses and two laboratory licenses. Agronomist Luis R. López Peña said OLIC currently operates with an acting director and four field inspectors covering the island.

OLIC staff described the laboratory and sampling regime used for crop and product oversight: 30 days before harvest fields are sampled for potency to verify compliance with the federal 2018 Farm Bill threshold (0.3% delta-9 THC on a dry-weight basis); finished consumer products destined for ingestion or topical use must pass broader “full battery” tests for metals, solvents, mycotoxins and cannabinoid potency before market placement. López Peña said OLIC has sampled hundreds of retail products and maintains records of approved items.

Licenses and enforcement limits Committee members pressed Agriculture and police witnesses on practical enforcement limits. Agronomists said importers bear responsibility for initial product testing and that OLIC assigns a numbered approval to each product it accepts. OLIC reported having conducted 721 product samplings to date; staff said 677 products were recorded as approved and 44 were determined noncompliant and subject to seizure or removal. Several lawmakers noted that some approvals rely on foreign laboratory certificates and asked the department for records to verify those tests.

Licensing fees described in testimony included a $500 annual fee for small cultivation plots (one to four cuerdas) and $3,000 annual fees for manufacturing, importation/distribution and laboratory licenses; research licenses were reported as exempt from fees. OLIC said license revenues are administered under Adea (the agriculture-related public corporation) and that the office’s staffing and budget are part of Adea’s program structure.

Police and interagency role José Carlos Vázquez, representing the Department of Public Safety / Puerto Rico Police, told the committee the police “respalda plenamente esta medida legislativa” but emphasized the force’s role is operational and reactive: officers will intervene when there is evidence of criminal activity, public-order risk or when assisting other lead regulatory agencies. Vázquez and lawmakers discussed whether the bill should explicitly create an interagency memorandum of understanding to define responsibilities and permit coordinated inspections and seizures.

Public-safety concerns and product chemistry Several lawmakers and witnesses described products marketed with labels such as “THCA,” “HHC” and various delta isomers and noted retail packages sometimes list very large cannabinoid quantities (for example, products labeled with thousands of milligrams). Agronomy and enforcement witnesses explained that THCA is the acidic precursor to delta-9 THC and that, when heated (for example, by smoking or vaporizing), THCA converts to psychoactive delta‑9 THC. Those mechanics, OLIC staff and visiting expert José A. Maes Aponte (University of Puerto Rico law professor) said, help explain why some states have moved to ban or tightly restrict “intoxicating hemp” or synthetic cannabinoid products.

Policy options discussed Testimony and members’ remarks focused on several options rather than on any committee vote: tightening statutory definitions to capture “intoxicating hemp” or synthetic cannabinoids; an express prohibition on synthetically produced intoxicating cannabinoids (the term used by witnesses and some states’ laws); stronger packaging/labeling rules and child‑resistant requirements; clearer authority in the tax/forfeiture code to permit seizure of noncompliant retail stock; and more inspection staff and a formal interagency enforcement protocol involving DACO, OLIC (Department of Agriculture), the Police and Hacienda.

Expert recommendation José A. Maes Aponte, a law professor who testified as an invited expert, recommended a clear statutory prohibition on synthetic/intoxicating cannabinoid products while preserving legitimate industrial hemp uses (fiber, seed, non-intoxicating CBD) and said a concise statutory definition modeled on other U.S. states’ “intoxicating hemp” bans could avoid repeated evasive product innovations.

Next steps Committee members requested documentation from Agriculture and OLIC: (1) a full list of the 149 importation/distribution licenses and the currently active 30 distributors; (2) detailed lists of the 721 product samplings and the 677 approved products and 44 noncompliant items; (3) the laboratory reports for importer-submitted tests during the last two years (committee members flagged one laboratory whose suspension and reinstatement raised questions and asked for details). The chair also signaled a follow-up hearing with a family member who offered to testify about a youth intoxication incident.

No formal vote or amendment took place during the hearing. Lawmakers said they expect to circulate draft amendment language to the bill for committee review before deciding whether to formally report the measure out of committee.

Ending Witnesses and members characterized the situation as an interagency enforcement challenge more than a single-agency shortfall: OLIC staff and Police said they would cooperate but said more staff, clearer statutory authority for seizure, and standardized laboratory accreditation and product definitions will be necessary to reduce youth exposure and close the gap between industrial‑hemp policy and emerging intoxicating cannabinoid products.