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House Amendment To Farm Bill Targets Intoxicating Hemp Products

May 28, 2024

Regulation of the rapidly emerging hemp THC category continues to be a hot topic in statehouses around the country, and now the conversation has moved to the halls of the U.S. Congress as well. Last week, an amendment to the 2024 Farm Bill dramatically redefining what constitutes legal hemp passed through the House Agriculture Committee, threatening the market for hemp THC products. It remains to be seen whether the amendment will survive and be included in the final bill.

The amendment from GOP House member Mary Miller of Illinois limits legal hemp to “naturally-occurring, naturally-derived, and non-intoxicating cannabinoids.” “My amendment will close the loophole created in the 2018 Farm Bill that allows intoxicating hemp products like delta-8 to be sold,” she said, noting that in some cases minors have been gaining access to such products in unregulated markets.

Critics of the amendment says it goes much too far in restricting hemp products with even trace amounts of THC, meaning many CBD brands with less than 0.3% THC would be affected. That’s in addition to effectively eradicating the hemp THC market that has grown to rival that of the national dispensary channel.

While some multistate dispensary players have been advocating for tougher rules on hemp THC, Curaleaf executive chairman Boris Jordan characterized the amendment as “an attempt to roll back the Farm Bill,” and said the company prefers that “hemp-derived products made within the guidelines of the Farm Bill should be available to adults with strict age gating and safety standards. We believe there should be one regulatory framework for all cannabinoids, and that all legal players in the hemp-derived product market must adhere to the same safety and age restrictive standards in order to combat the dangers of the illicit market–just as in cannabis.” A key multistate cannabis operator through traditional dispensary channels, Curaleaf also recently entered the hemp THC category.

The U.S. Hemp Roundtable decried the amendment as an “effort to destroy the U.S. hemp industry,” but said it’s still far from full passage in the House, let alone the Senate. “The Farm Bill will be sent to the floor of the House where its passage this year seems unlikely. Even if the House should pass the Farm Bill, the differences between House Republicans and Senate Democrats are considerable at this point.” —Daniel Marsteller

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