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A key House committee has amended a large-scale agriculture bill in a way that would impose a general ban on hemp-derived cannabinoids such as delta-8 THC\u2014with some industry stakeholders saying it could even federally criminalize many CBD products because the measure\u2019s scope covers all ingestible hemp products with any level of THC.<\/p>\n
If enacted into law, cannabinoids that are \u201csynthesized or manufactured outside of the plant\u201d would no longer meet the definition of legal hemp.<\/p>\n
At the same time, the legislation that is set to advance through the House Agriculture Committee<\/a> on Thursday also contains provisions that would reduce regulatory barriers for certain hemp farmers and scale-back a ban on industry participation by people with prior drug felony convictions.<\/p>\n Members adopted the cannabinoid ban amendment from Rep. Mary Miller (R-IL) as part of an en bloc package with other unrelated changes in voice vote. The overarching bill is expected to clear the committee later in the day before moving to the floor.<\/p>\n The move comes following a push from prohibitionists and certain marijuana companies who argued in favor of restricting the cannabinoid products, describing it as a fix to a \u201cloophole\u201d that was created under the 2018 Farm Bill that federally legalized hemp.<\/p>\n The ban\u2019s adoption by the panel likely sets the stage for a showdown with the Democratic-controlled Senate, which has yet to release the full text of its version of the Farm Bill.<\/p>\n \u201cMy amendment will close the loophole created in the 2018 Farm Bill that allows intoxicating hemp products like delta-8 to be sold,\u201d Miller said ahead of the vote. \u201cThese products are being marketed to children and sending hundreds of them to the hospital. We must stop teenagers and young children from being exposed to addictive and harmful drugs.\u201d<\/p>\n Today, I am offering an amendment to close the loophole Congress created that allows the sale of intoxicating \u201cDelta-8\u201d THC products, which are being marketed to kids and teenagers. Parents strongly oppose these drug-infused products being pushed on children as candy or snacks. pic.twitter.com\/4xox6RBc5T<\/a><\/p>\n \u2014 Mary Miller (@Miller_Congress) May 23, 2024<\/a><\/p>\n<\/blockquote>\n\n Rep. John Rose (R-TN) said the amendment \u201ccontains the clarification needed to decipher accurately the intentional and unintentional products currently developed under the 2018 definition of hemp.\u201d<\/p>\n \u201cHemp is a product that requires and demands the correct guidelines, and if we do not provide these guidelines, we are threatening the safety of Americans,\u201d he said.<\/p>\n A Democratic member, Rep. Abigail Spanberger (D-VA), said her support for the amendment is \u201crelated specifically to the benefit that it would have for Virginia farmers as they are trying to understand this ever-changing landscape.\u201d<\/p>\n \u201cGreater clarity is incredibly important, and particularly for fiber hemp producers, this amendment would make clear the valuable work that they do and make clear the viability of their product,\u201d she said.<\/p>\n Several Republican members of the committee, however, made comments in opposition to the amendment<\/a>.<\/p>\n \u201cAmerican farmers around the country have invested their time and resources over the last six years to develop a domestic supply chain of hemp and hemp products,\u201d Rep. Jim Baird (R-IN) said. \u201cHemp provides a great opportunity for family farm to diversify their farm income by using him as a rotational crop.\u201d<\/p>\n \u201cAmerican farmers deserve the certainty afforded with the current definition of hemp,\u201d he said. \u201cThe proposed amendment arbitrarily changes the current congressionally written definition of hemp.\u201d<\/p>\n Rep. Derrick Van Orden (R-WI) voiced opposition to the amendment, too. He said the \u201cissue is this Congress inadvertently created this problem in the 2018 Farm Bill because they could not reasonably predict, or they they didn\u2019t reasonably predict, that these types of cannabinoids could be synthesized and then they passed this bill through in the intervening time.\u201d<\/p>\n \u201cThere are now tens of thousands of Americans who have created different businesses, including several in my district now, that are using this process to feed their own kids,\u201d he said.<\/p>\n Rep. Zach Nunn (R-IA) said that, \u201cas a dad of six, I certainly share my colleagues passion for protecting children from accessing dangerous drugs, but this amendment goes too far by eliminating grain and fiber markets and instead protecting children through appropriate regulation to drive down the illicit marketplace.\u201d<\/p>\n Paradoxically,\u00a0select marijuana businesses have found themselves on the same side as prohibitionists<\/a>\u00a0in pushing such a ban. In a letter to congressional leaders last month, the U.S. Cannabis Council (USCC) proposed specific language they wanted to see included that would place hemp-derived cannabinoids containing any amount of THC under the definition of federally illegal marijuana.<\/p>\n While they\u2019ve focused on the need to address public safety concerns related to unregulated \u201cintoxicating\u201d cannabinoid products such as delta-8 THC, some hemp industry advocates say the effect of the proposed language could be a ban on virtually all non-intoxicating CBD products as well, as most on the market contain at least trace levels of THC, consistent with the Farm Bill definition of hemp that allows for up to 0.3 percent THC by dry weight.<\/p>\n \u201cThe 2018 Farm Bill has wrongly been used to justify the mass production and sale of unregulated intoxicating hemp products,\u201d USCC Executive Director Ed Conklin said in a press release following the amendment vote. \u201cWe support a uniform approach to regulating intoxicating THC products. That means intoxicating hemp products should be regulated the same as cannabis products. We believe that all of these products should be available for sale to adults with strict age gating and safety standards.\u201d<\/p>\n \u201cRep. Mary Miller\u2019s amendment would firmly close the so-called Farm Bill loophole by further clarifying the definition of hemp to strictly cover naturally-occurring, non-intoxicating products,\u201d he said. \u201cToday\u2019s adoption of the amendment is a strong signal that Congress is serious about addressing the national crisis posed by unregulated intoxicating hemp products.\u201d<\/p>\n Hemp industry stakeholders have recognized that there\u2019s a need to address legitimate concerns related to the unregulated market that\u2019s proliferated since hemp was federally legalized, but the solution they\u2019ve put forward is to enact strategic regulations to ensure product safety and prevent youth access.<\/p>\n Jonathan Miller, general counsel at the U.S. Hemp Roundtable, alerted<\/a> supporters to the amendment\u2019s introduction on Thursday, saying the group\u2019s members \u201cstrongly oppose\u201d the legislation and urged lawmakers to defeat it.<\/p>\n \u201cWhile we have for years strongly supported efforts to regulate hemp and CBD\u2013even testifying to that effect before Congress\u2013the Mary Miller Amendment throws the baby out with the bathwater, devastating a vibrant industry, killing tens of thousands of agriculture and retail jobs, and denying access to popular products that Americans count on for their health and wellness,\u201d he said.<\/p>\n Send an urgent message to your Rep. ASAP using this link asking for a no vote!https:\/\/t.co\/a5lMTERZKK<\/a> pic.twitter.com\/4ActyIo7Hl<\/a><\/p>\n \u2014 US Hemp Roundtable (@HempRoundtable) May 23, 2024<\/a><\/p>\n<\/blockquote>\n\n \u201cIf the hemp industry is being attacked by MSOs and [Smart Approaches to Marijuana] at the same time, we must be doing something right,\u201d Jim Higdon, co-founder of the Kentucky-based CBD company Cornbread Hemp, told Marijuana Moment on Thursday.<\/p>\n \u201cOur opponents are a Baptist-bootlegger coalition made up of multi-state cannabis operators, prohibitionist organizations, and MAGA extremists,\u201d he said. They are angry that THC has become too legal in America through the 2018 Farm Bill. We will never fully legalize cannabis in America if MSO\u2019s continue to believe that hemp is their enemy.\u201d<\/p>\n \u201cThe hemp industry is currently doing the hard work to become federally regulated. FDA is refusing to issue those regulations,\u201d he said. \u201cAnd now cannabis MSO\u2019s are attacking hemp companies for being unregulated, which makes them either dishonest or ignorant. Perhaps both.\u201d<\/p>\n Outside of the cannabinoid ban, the bill as drafted would build upon the federal legalization of the crop under the 2018 version of the legislation in several meaningful ways, including by revising the definition of hemp to create separate categories for producers who grow the crop for cannabinoid extraction for human and animal consumption and for \u201cindustrial hemp\u201d producers who cultivate it for fiber, grain, oil and seed not intended for consumption.<\/p>\n Under the legislation, those who are licensed as \u201cindustrial hemp\u201d producers could see reduced regulatory restrictions, with the U.S. Department of Agriculture (USDA), states and Indian tribes empowered to authorize visual inspections and \u201cperformance-based sampling methodologies\u201d for compliance purposes.<\/p>\n Farmers growing hemp to extract cannabinoids for human or animal consumption, however, would continue to be subject to more intensive inspections and laboratory testing as prescribed under the 2018 Farm Bill.<\/p>\n The revised inspection and testing provisions were\u00a0\u201cinspired\u201d by a bipartisan bill titled the \u201cIndustrial Hemp Act\u201d<\/a> that was introduced last year by Reps. Matt Rosendale (R-MT) and Chrissy Houlahan (D-PA), a section-by-section summary said.<\/p>\n Also, the legislation would allow USDA to independently accredit laboratories to conduct the sample testing. That would help resolve bottlenecking issues that\u2019s beleaguered the industry, as the current law requires farmers to have their products tested only by a limited number of Drug Enforcement Administration- (DEA) certified labs.<\/p>\n Another proposed change to federal hemp statute would make it so USDA, states and tribal entities could choose to eliminate a policy that prevents people with felony drug convictions in the past 10 years from being licensed to produce industrial hemp.<\/p>\n However, advocates had hoped to see more expansive language, such as what was described in Senate Democrats\u2019 recent summary of their forthcoming Farm Bill draft<\/a>. Under that plan, there would be a mandate to eliminate the ban, rather than simply authorizing it, and it would cover all hemp producers, not just those growing it for non-extraction purposes.<\/p>\n That said, the Senate Agriculture Committee has not yet released the draft text of their bill, so it remains to be seen if the summary description matches what will ultimately be released. Bipartisan House lawmakers filed standalone legislation last year that would broadly lift the felony ban for would-be hemp producers<\/a>.<\/p>\n The House Agriculture Committee bill also includes a provision that says businesses that \u201cknowingly\u201d misidentify themselves as \u201cindustrial hemp\u201d producers potentially subjected to reduced restrictions \u201cshall be ineligible to participate in the program established under this section for a period of 5 years beginning on the date of the violation.\u201d<\/p>\n Another component of the legislation would prevent state agencies from denying public assistance benefits to people simply because they have a felony drug conviction or because they\u2019ve failed to \u201csatisfy an action required under a Federal, State, or local law relating to a means-tested public assistance program that was required as a result of a felony drug conviction.\u201d<\/p>\n Meanwhile, state marijuana regulators have proposed updating the agriculture legislation with provisions clarifying states\u2019 rights to enact their own regulations for hemp-based intoxicating cannabinoids, citing instances where there\u2019s been litigation asserting that federal law preempts such rulemaking.<\/p>\n \u201cFederal clarification of states\u2019 existing authority is thus essential to allow states to continue to protect public health and integrity in the hemp industry\u2014as the 2018 Farm Bill always intended,\u201d three executives with the Cannabis Regulators Association (CANNRA)\u00a0said in a recent letter to congressional leaders.<\/p>\n CANNRA had previously recommended to Congress in a letter last year that\u00a0lawmakers adjust the federal definition of hemp<\/a>\u00a0and modify rules around hemp-derived cannabinoids.<\/p>\n Lawmakers and stakeholders have also been eyeing a number of other proposals that could be incorporated into the Farm Bill\u2014and which could come up as proposed amendments as the proposal moves through the legislative process\u2014including measures to\u00a0free up hemp businesses to legally market products like CBD<\/a>\u00a0as dietary supplements or in the food supply.<\/p>\n \u2014 Meanwhile, the hemp market started to rebound in 2023 after suffering significant losses the prior year, the\u00a0latest annual industry report from the U.S. Department of Agriculture (USDA)<\/a>\u00a0that was released last month found.<\/p>\n The\u00a0data\u00a0is the\u00a0result\u00a0of a\u00a0survey that USDA mailed to thousands of hemp farmers\u00a0across the U.S.<\/a>\u00a0in January. The\u00a0first version of the department\u2019s hemp report<\/a>\u00a0was released in early 2022, setting a \u201cbenchmark\u201d to compare to as the industry matures.<\/p>\n Bipartisan lawmakers and industry stakeholders have sharply criticized FDA for declining to enact regulations for hemp-derived CBD, which they say is largely responsible for the economic stagnation.<\/p>\n To that end,\u00a0FDA Commissioner Robert Califf testified before the House Oversight and Accountability Committee<\/a>\u00a0last month, where he faced questions about the agency\u2019s position that it needed additional congressional authorization to regulate the non-intoxicating cannabinoid.<\/p>\n USDA is also reportedly\u00a0revoking hemp licenses for farmers who are simultaneously growing marijuana<\/a>\u00a0under state-approved programs, underscoring yet another policy conflict stemming from the ongoing federal prohibition of some forms of the cannabis plant.<\/p>\n For the time being, the hemp industry continues to face unique regulatory hurdles that stakeholders blame for the crop\u2019s value plummeting in the short years since its legalization. Despite the economic conditions, however, a recent report found that\u00a0the hemp market in 2022 was larger than all state marijuana markets<\/a>, and it roughly equaled sales for craft beer nationally.<\/p>\n Meanwhile, internally at USDA, food safety workers are being\u00a0encouraged to exercise caution and avoid cannabis products<\/a>, including federally legal CBD, as the agency observes an \u201cuptick\u201d in positive THC tests amid \u201cconfusion\u201d as more states enact legalization.<\/p>\n Americans Want Marijuana Legalization To Prioritize Equity And Benefit Workers, Poll From Advocacy Group Finds<\/a><\/p>\n<\/blockquote>\n\n Photo courtesy of Brendan Cleak.<\/em><\/p>\n The post House Committee Approves Farm Bill Amendment To Ban Most Hemp-Derived Cannabinoid Products Like Delta-8 THC<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
A key House committee has amended a large-scale agriculture bill in a way that would impose a general ban on hemp-derived cannabinoids such as delta-8 THC\u2014with some industry stakeholders saying it could even federally criminalize many CBD products because the measure\u2019s scope covers all ingestible hemp products with any levelContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":75587,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75586"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=75586"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75586\/revisions"}],"predecessor-version":[{"id":75588,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75586\/revisions\/75588"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/75587"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=75586"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=75586"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=75586"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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Hemp-Killing Amendment in Farm Bill would ban ALL ingestible hemp with any THC, destroying 95% of the market, including CBD. Vote is TOMORROW!! <\/p>\n
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\nRead More: House Committee Approves Farm Bill Amendment To Ban Most Hemp-Derived Cannabinoid Products Like Delta-8 THC<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"