Hemp Industry Challenges Federal Ban with Bills to Regulate THC Products
Following a recent federal ban on intoxicating hemp-derived products, the hemp industry faces significant challenges as it works to advocate for regulatory measures instead of outright prohibition. This ban was enacted when Congress passed legislation to prevent a federal shutdown, effectively criminalizing products such as drinks and edibles containing THC levels over 0.4 milligrams.
Hemp Industry’s Response to Federal Ban
In response to the ban set to take effect next year, industry advocates are pushing for the introduction of regulatory bills. Representative Nancy Mace from South Carolina has proposed legislation aimed at overturning the ban, which impacts nearly all consumable hemp products, including various CBD items.
Senate Action and Proposed Regulations
During a Senate discussion, Senator Rand Paul of Kentucky attempted to remove the hemp provision but was unsuccessful. The Senate vote against his amendment was 76-24, demonstrating insufficient support for keeping intoxicating hemp products legal without federal regulations. Paul is now exploring a bill that would allow states like Minnesota to maintain their regulatory frameworks until federal standards are established.
- Proposed THC Limits:
- Up to 5 mg per serving of edibles other than beverages.
- A maximum of 10 mg of THC per beverage serving.
- 50 mg total per package for non-beverage products.
Senators Ron Wyden and Jeff Merkley from Oregon have introduced a comprehensive bill that seeks to regulate hemp-derived products. This legislation would authorize the FDA to oversee testing and ensure products are safe for consumers, particularly children.
Preventive Measures Against Underage Use
The proposed “Cannabinoid Safety and Regulation Act” includes a $125 million grant program for underage cannabis use prevention. Additionally, it allocates $200 million to establish an impaired driving prevention initiative. The initiative aims to address safety concerns related to the consumption of THC-infused products.
Impact on State Industries
In Minnesota, the hemp industry has grown significantly since the 2018 farm bill permitted hemp’s legality. State legislators anticipate that criminalizing hemp-derived intoxicating products could lead to the loss of approximately 2,700 local jobs and a decrease in state revenue, which reportedly reached $16 million in recent months.
- Current Statistics:
- Approximately 2,500 acres of hemp are cultivated in Minnesota.
- Sixty-two growers have state licenses for hemp production.
Concerns from industry leaders like Leili Fatehi, owner of Crested River, highlight potential disruptions in distribution and increased regulatory burdens if hemp becomes categorized under federal marijuana laws.
Political Landscape and Future Prospects
The pathway forward for the hemp industry’s lobbying efforts may face obstacles in a Republican-led Senate. However, there are ongoing discussions to incorporate hemp regulations into essential spending bills. Virginia’s Representative Morgan Griffith is also developing a bill aimed at establishing similar regulatory frameworks.
The hemp industry, while well-organized, finds itself contending with the powerful marijuana sector. Advocates assert that a balanced regulatory approach will allow responsible businesses to thrive while protecting consumers, particularly minors.
As discussions continue, stakeholders remain hopeful that legislation will be adjusted to accommodate the needs of the industry before the federal ban fully takes effect.
