Provisions in the federal spending bill will effectively recriminalize most hemp-derived THC products, including those containing Delta-8. The Senate Agriculture Appropriations text would exclude products that include THC “synthesized or manufactured outside of” the cannabis plant with more than 0.3% of THC and “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use.”
The bill also includes language outlawing products with more than 0.4 milligrams of THC, and THCA, and redefines hemp as “grown for the use of the whole grain, oil, cake, nut, hull, or any other non cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds” and “grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed” 0.3% THC.
The language is opposed by Republican Sen. Rand Paul (KY), who told Politico that the provisions would “kill an entire industry” and that he would drag out the passage of the bill to end the shutdown if he doesn’t get alternate language he supports into the legislation to end the government shutdown.
The language has support from the American Trade Association of Cannabis and Hemp (ATACH), which, in a statement, said the proposal “safeguards CBD and industrial hemp and addresses the dangerous proliferation of unregulated synthetic products.”
In a statement, ATACH Director of State Advocacy and Public Policy Chris Lindsey said the language clarifies “Congress’s intent in the 2018 Farm Bill” and “clearly distinguishes between intoxicating and nonintoxicating products, synthetic and natural products, and industrial and consumer products.”
“Willful misinterpretation of the Farm Bill led to the proliferation of unregulated synthetic THC products widely available for sale to minors,” Lindsey said in a statement. “Industrial hemp and CBD would be explicitly recognized and protected under federal law. Intoxicating hemp products would continue to be available for sale through state cannabis and hemp programs.”
Thomas Winstanley, executive vice president and general manager for Edibles.com (part of Edibles Brands/Edible Arrangements), in a statement, said “banning legitimate hemp products won’t stop bad actors, it will only drive the market underground and further erode consumer safety.”
“Hemp was meant to be a stabilizer – a modern crop for a modern economy. From Colonial America through World War II, hemp was a foundational American crop, woven into the fabric of our economy and our identity,” he said in the statement. “Now Congress faces a choice: repeat the mistakes of prohibition or create a rational regulatory framework that ensures product safety, protects consumers, and preserves the economic promise of hemp.”
The Senate on Sunday night advanced the funding bill on a 60-40 vote.
