One powerful GOP congressional committee has amended the report of a bill that contains provisions which hemp stakeholders believe would disrupt the industry. This amendment clarifies that the panel doesn’t intend to outlaw non-intoxicating cannabis products that have “trace amounts or minimal quantities” of THC, as they were previously legalized by the federal government during the Trump administration.
About a week after clearing a subcommittee, the legislation was taken up in the House Appropriations Committee on Wednesday, where members adopted a manager’s amendment that provides the clarifying language—albeit in the report attached to the bill, rather than in the legislative text itself.
This 138-page document covers many issues. But for hemp producers, one section is of concern. It would define hemp in federal law to prohibit any cannabis product containing “a quantifiable amount” of THC, or other cannabinoids with similar (or marketed as having similar) effects on animals or humans.
Rep. Andy Harris (R-MD)—chair of the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies—said in opening remarks when the hearing that the legislation “closes the loop hemphole,” before correcting himself to say “the hemp loophole from the 2018 Farm Bill.”
He argued that the policy “has resulted in the proliferation of intoxicating cannabinoid products, including delta-8 and hemp flower, being sold online and in gas stations nationwide under the false guise of being ‘USDA approved.'”
Harris explained that many states had taken action to prevent these harmful project products reaching children and consumers. “It’s now time for Congress act in order to close this loophole, while also protecting the industrial hemp industry,” Harris added. It’s not true that the language included in the bill would harm legitimate businesses. This is clear for anyone who carefully reads the language.
Harris is opposed to marijuana reform, and he has criticized hemp-based products for being intoxicating. However, the manager of Harris’s report expresses that the committee intends to adopt a flexible approach when it comes to regulating certain cannabis items.
It says that “the Committee has no intention of affecting industrial and non-intoxicating cannabinoid hemp products with trace amounts of THC or other insignificant THC levels.”
The bill’s language would effectively ban the majority of hemp-based products, even though they are not intoxicating. Even non-intoxicating CBD products sold throughout the nation contain trace levels of THC. According to current laws, these products can be sold if the dry weight of THC is less than 0.3 per cent.
Harris’ proposed policy would change this dramatically. The proposed policy would maintain “industrial hemp’s” legal status under a new definition, which allows the sale and cultivation of hemp for fibre, cake, nut or hull products, microgreens, as well as “other edible hemp leaves intended for human consumption.”
Despite the expectation that members would finish the work and vote on legislation this week, they did not. It’s unclear when the committee will vote on this bill, as they are in recess for next week.
The hemp language is largely consistent with appropriations and agriculture legislation that was introduced, but not ultimately enacted, under the last Congress.
Rep. Dan Newhouse, R-WA said that at the hearing on Wednesday that both he and Harris had “worked very hard” to “protect the industrial hemp sector while closing the loopholes created by the 2018 Farm Bill.”
“I would like to thank all of you for your efforts on this matter,” said he. “I believe that we have come to a very sensible outcome,” he said.
Hemp industry participants rallied to oppose that proposal. A previous version of the bill was included in last year’s base bill by the subcommittee. It’s virtually identical to a provision of the 2024 Farm Bill that was attached by a separate committee last May via an amendment from Rep. Mary Miller (R-IL), which was also not enacted into law.
This latest spending bill has some significant differences from the previous version, which included a new definition of a THC “quantifiable”, that would be banned for hemp-based products.
It is now stated that the amount of the quantifiable substance or item will be “determined in consultation between the Secretary and the Secretary for Health and Human Services,” whereas previously it was defined simply as “determined in consultation by the Secretary with the secretary of Health and Human Services.”
In the new proposed legislation, it is also specified that “a drug which has been approved by the Federal Food, Drug, and Cosmetic Act under subparagraph (c), or (j), of Section 505 (21 U.S.C. The proposed legislation also specifies that the term hemp does not include “a drug which has been approved under subsection (c) or (j) of section 505 of the Federal Food, Drug and Cosmetic Act (2 U.S.C.
Leading alcohol association has meanwhile called for Congress’s to dial down language in the House budget bill which would prohibit most hemp products. They propose that the natural cannabinoids derived from the crop be legalized and synthetic items only prohibited.
Wine & Spirits Wholesalers of America (WSWA) President and CEO Francis Creighton said in a press release on Thursday that “proponents and opponents alike have agreed that this language amounts to a ban.”
He said that by pushing an industry in rapid evolution back into the dark, Congress was creating chaos on the market, undermining the state’s initiatives, and punishing the responsible parties. We urge the entire House to reconsider its approach. States can safely regulate intoxicating product through effective systems that protect consumer confidence and public safety. Congress should follow the states’ lead rather than override them.
Members of Wine & Spirits Wholesalers of America (WSWA) also met with lawmakers and staffers in April to advocate for three key policy priorities that the group says is based on “sound principles of alcohol distribution.” The group also met with lawmakers and staffers in April to advocate for three key policy priorities that are based on “sound principles of alcohol distribution.”
Separately, key GOP congressional lawmakers—including one member who supports marijuana legalization—don’t seem especially concerned about provisions in a new spending bill that would put much of the hemp industry in jeopardy by banning most consumable products derived from the plant.
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Jonathan Miller, general counsel of the U.S. Hemp Roundtable, told congressional lawmakers in April that the market is “begging” for federal regulations around cannabis products.
Rep. James Comer asked at the hearing if the FDA was not taking action on regulation. Comer said sarcastically that it would take “a gazillion office workers who work from home”, to control cannabinoids like CBD.
A report from Bloomberg Intelligence (BI) last year called cannabis a “significant threat” to the alcohol industry, citing survey data that suggests more people are using cannabis as a substitute for alcoholic beverages such a beer and wine.
Last November, meanwhile, a beer industry trade group put out a statement of guiding principles to address what it called “the proliferation of largely unregulated intoxicating hemp and cannabis products,” warning of risks to consumers and communities resulting from THC consumption.
Feds Warn Retailers That Accepting Welfare Benefits For Marijuana Or CBD Could Result In ‘Criminal Prosecution’
Brendan Cleak is the photographer.
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