The Democratic Attorney General of Minnesota defends his decision to join 38 other bipartisan state and territory attorneys in a letter sent to Congress that called for a federal prohibition on the sale hemp-based products with high levels of THC.
Appearing to be receptive of criticisms from hemp supporters and the industry, Attorney General Keith Ellison said that his support for the letter a week ago caused “some confusion.” Some people found it strange that top prosecutors in states with regulated hemp markets, such as Minnesota, would advocate the federal criminalization of these products.
Ellison reiterated that he is in favor of the Minnesota law on adult use cannabis, as well “as Minnesota’s THC-edible industry which adheres to state law and supports farmers, businesses, and entrepreneurs”.
He wrote that he signed the letter to “ensure this industry thrives” in a recent blog. Minnesota had taken early steps in legalizing the hemp edible market, putting in place rules that promote public safety and health, but also discourage youth from accessing it.
Minnesota may be in a position to regulate hemp intoxicants, but the Attorney General said that “a loophole that was created in 2018 in the Farm Bill, passed by Congress, accidentally allowed a variety of hemp-derived, THC-based intoxicants.”
He said that Congress failed to set up any standards for quality control in order to protect the consumers, since hemp-derived intoxicants were legalized by accident under the Farm Bill.
The federal government’s loophole is not safe or smart. Because of this, highly potent THC is being imported into Minnesota and marketed towards children.
I signed the letter to encourage Congress to close this loophole. It will prevent companies from out of state from disregarding Minnesota’s THC regulation and selling harmful goods in our State.”
Intoxicating hemp should be regulated to protect youth and public safety. But industry players say that a ban on THC-infused hemp would have a devastating effect on the market.
The Minnesota Star Tribune Nuggets magazine asked Ellison’s office what the impact would be on state hemp businesses, if Congress implemented the demand of the attorneys general’s coalition letter to ban intoxicating hemp products sales.
A spokesperson for the office said that it supports a federal carving-out explicitly for states which have adequate regulatory systems in place. The next best option would be a memo of enforcement discretion like the Cole Memo that makes it clear that state law-abiding entities will not be subject to federal enforcement.
The letter did not express this policy preference, but it is unclear how many other Attorneys General who signed the document agree with Ellison.
Nolan West, a Republican State Representative from Washington state told The Star Tribune that even though Ellison claims he does not want to ban all tobacco products outright, by signing the letter “he is showing his support for those who in Congress want a complete prohibition.” It puts the multi-billion dollar industry in danger.
Target, a big-box retailer based in Minnesota has recently begun a pilot program to sell hemp-derived THC drinks in some stores in the state.
Meanwhile, 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.
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. Some, like Sen. Rand Paul of Kentucky (R), believe that a ban on hemp products containing THC would destroy the industry. And Paul said recently he’d go so far as to hold up large-scale spending legislation if a full ban was kept intact.
He also attacked the letter sent by the attorneys general of the states and territories, in which they urged Republican leadership to prevent marketing hemp products with high levels of intoxication.
They’re banning hemp because some of the people who came to us from places that had legalized cannabis? He said, “It is ridiculous.” They prefer that people use cannabis products with a higher THC content than hemp products. This doesn’t even make sense.
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As far as legislative options go, Paul did put forward legislative language recently 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.
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.
In June, the senator presented the Hemp Economic Mobilization Plan Act (HEMP). It mirrors versions he’s sponsored over the last several sessions.
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