As Congress continues to navigate a path forward on funding legislation to end an ongoing government shutdown, lawmakers are still at work attempting to reach a deal on federal hemp laws—with one GOP senator telling MEDCAN24 that multiple options are on the table, though it will ultimately come down to what leadership wants.
The 2018 Farm Bill legalized hemp and its derivatives on a federal level. However, Congress and the state legislatures are now expressing a growing interest to close what has been called a “loophole”, which allows the production of non-regulated cannabinoid intoxicants. This has come up during debates on agriculture appropriations.
Two GOP lawmakers—Sen. Mitch McConnell (R-KY) and Rep. Andy Harris (R-MD)—have pushed aggressively for an outright ban on hemp products containing THC. Others, such as Senator Rand Paul (R KY), have claimed that a change in policy would destroy the hemp industry. Paul recently said he would go as far to block large-scale legislation in the event that a ban on all spending was maintained.
“We’re trying to prevent them from killing, eliminating, the hemp industry—and we’re still working on the issue,” Paul told MEDCAN24 in a new interview on Thursday.
In a similar vein, he reacted to the recent bipartisan letter of 39 state and territorial attorneys general. They urged Republican leaders not to allow hemp products with intoxicating properties on the market.
They’re banning hemp because some of the people who came to us from places that had legalized cannabis? “It’s ridiculous,” said he. “So, they would prefer to have people consume a high dose of THC in cannabis over lower-dose hemp product.” This doesn’t even make sense.
John Hoeven, R-ND, who is a member of the Senate Agriculture Committee as well as the subcommittee for Appropriations that deals with agriculture matters told MEDCAN24 members were “working out” the hemp issue.
In an interview conducted while the Senator was walking, he said: “I did not say that we have; I said that we are.” When I return to my office I will be working on this issue.
The speaker said that, “we are making progress,” and have “some good options,” and lawmakers must “just work with our leaders and decide which direction we will go.”
You have a variety of choices, like studying for a whole year or taking a course. [the Food and Drug Administration] Hoeven explained. There’s disagreement on the THC delta-9 level. [cannabinoids]. “That’s the underlying issue and there are a variety of solutions to it.”
“I’m still working on the options. I don’t know where we are going to end up yet.” He said that the leadership will make the final decision.
As far as options go, Paul did put forward legislative language earlier this month to require a study and report on state regulatory models for hemp that could inform future revisions to the federal law—rather than prohibit sales altogether, as McConnell would have it.
MEDCAN24 queried McConnell on his Kentucky colleague’s alternative proposal Thursday. McConnell refused to answer when approached and continued walking.
It’s important to note that the House of Representatives hasn’t yet approved its own version for agriculture appropriations. Harris’ hemp-ban bill did make it through the committee but has not yet reached the House floor. Paul, through a procedural complaint on the Senate’s side, was able get that language taken out of the version passed by his chamber.
Jonathan Miller, General Counsel of the U.S. Hemp Roundtable told MEDCAN24 that on Thursday, stakeholders were “watching nervously” the outcome of congressional negotiations. “But we believe things are going in the right direction,” Miller said.
He said: “Over the past few weeks we have really stepped up our communication with Congress and feedback is nearly uniformly positive.” McConnell Harris are both steadfast on the opposite side.
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In August, McConnell–who ushered in the federal legalization of hemp under the 2018 Farm Bill–took to the Senate floor to criticize those who opposed the ban, including Paul.
Meanwhile, Paul recently filed a standalone bill that would go in the opposite direction of the hemp ban, proposing to triple the concentration of THC that the crop could legally contain, while addressing multiple other concerns the industry has expressed about federal regulations.
He introduced legislation in June entitled the Hemp Economic Mobilization Plan Act. It mirrors versions he’s sponsored over the last several sessions.
Washington, D.C., is where the LCB has contributed to reporting.
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