May has been an incredibly busy month for the hemp industry, marked by significant progress on the Farm Bill, the Industrial Hemp Act, our participation in Ag on the Mall, amongst brand events like the Miles City Bucking Horse event that we were extremely proud to sponsor with Hemptana. We would like to direct attention to the Industrial Hemp Act and advancements being made.
Passage of the Draft House Agriculture Committee Farm Bill
The draft House Agriculture Committee Farm Bill has passed, incorporating crucial language proposed by the National Hemp Association (NHA) to distinguish fiber and grain hemp from cannabinoid hemp. This separation is a substantial win for our industry, as it acknowledges the unique regulatory needs of different hemp sectors, thereby fostering the growth and stability of fiber and grain hemp industries.
Amendment by Congresswoman Miller
During the recent markup session, Congresswoman Mary Miller from Illinois introduced an amendment, co-sponsored by Representative Doug LaMalfa (R-Calif.), which was bundled with other amendments and passed by voice vote. This amendment restricts the definition of legal hemp to “naturally occurring, naturally derived, and non-intoxicating cannabinoids.” Importantly, it excludes products made from industrial hemp for human or animal consumption, specifically those containing CBD or other cannabinoids, not hemp seed animal feed.
A key concern is the amendment’s provision allowing the Secretary of Agriculture to determine the allowable amount of THC in these products, leading to potential changes with each administration, creating uncertainty for producers and consumers.
USDA vs. FDA Jurisdiction
The amendment shifts control of finished goods from the FDA to the USDA. As others in the space have pointed out, this is concerning because the FDA has been requesting a regulatory framework for managing cannabinoids. This move may be an attempt to ban intoxicating cannabinoids through the farm bill, but it also underscores the urgent need for comprehensive cannabinoid regulation.
Definition Issues: Total THC and Intermediate Products
The redefinition of “total THC” in the amendment lacks clarity and could complicate compliance, especially regarding the conversion of THCA to delta-9 THC and the inclusion of delta-8 and other THC fractions. The current laws already require post-decarboxylation testing for cultivation, making this change unnecessary.
Furthermore, the inclusion of intermediate products in the definition of hemp-derived cannabinoid products poses a significant threat to the CBD industry. This problematic language, although largely unenforceable under current rules, emphasizes the need for further education and potential legislative adjustments.
Moving Forward
IND HEMP, in alignment with the NHA and Agricultural Hemp Solutions, remains committed to advocating for clear and fair regulations that support the hemp industry’s growth and ensure consumer safety. We will continue to educate lawmakers and push for necessary adjustments to the legislation to serve the best interests of our industry and the public.
For more detailed information, you can refer to the NHA’s detailed report and the draft of the House version of the Farm Bill.
Together, we will navigate these legislative changes to build a sustainable future for the hemp industry.
www.nationalhempassociation.org
IG: @nationalhempassociation
www.indhemp.http://www.indhemp.comcom
IG: @indhemp
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