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Cannabis leaves
The Sept. 30 renewal deadline for the Farm Bill, a package of agricultural legislation passed by Congress every five years, has come and gone. On Nov. 16, 2023, President Joe Biden threw the existing Farm Bill a lifeline by signing into law the Further Continuing Appropriations and Other Extensions Act, 2024. This extended the Agriculture Improvement Act of 2018, a.k.a. the 2018 Farm Bill, so authorized programs can continue through Sept. 30, 2024.
In addition to supporting farmers, ranchers, forestry stewardship, disaster assistance and other vital agricultural programs, the 2018 Farm Bill categorized hemp—the plant cannabis sativa L. and any part of that plant—as an agricultural commodity and federally legalized industrial hemp with a tetrahydrocannabinol (THC) concentration of less than 0.3%.
In addition, grey areas in the 2018 Farm Bill led to a boom in the production and sales of minor cannabinoids that produce a “high,” such as Delta-8 THC and THCA. These products are particularly popular in states like Wisconsin that have yet to pass any form of marijuana legalization.
Farmers and entrepreneurs that grow, process and sell hemp and its derivates, whether it’s for cannabidiol (CBD), fiber or a food ingredient, all have differing priorities and interests, which will surely complicate policymaking.
“While specific details regarding hemp-related provisions in the impending Farm Bill have yet to be unveiled, the U.S. Hemp Roundtable, in collaboration with 31 national, state, and regional organizations, is actively championing a united industry agenda. This collective effort emphasizes seven pivotal priorities aimed at alleviating regulatory burdens on hemp farmers and ensuring consumer access to safe products,” says Jonathan Miller, general counsel of theU.S. Hemp Roundtable, a leading coalition of companies and organizations committed to safe hemp and CBD products.
We’ve got to wait a little longer to see which reforms make it into the final legislative package, but some key hemp reform bills introduced by lawmakers have gained strong support and have a chance of making it into the final Farm Bill package:
Proposals to Address Hemp Product Safety Concerns
The Congressional Research Service (CRS), a public policy research institute of the United States Congress, states in its Nov. 29, 2023, report, “Farm Bill Primer: Selected Hemp Industry Issues” that while the 2018 Farm Bill addressed hemp cultivation, consumer products containing hemp or hemp derivatives remain unregulated.
The CRS report referenced additional hemp bills that have been filed this session that might be absorbed into broader legislation such as the Farm Bill. One example is S. 2451: Hemp Access and Consumer Safety Act, introduced in July by Sen. Ron Wyden of Oregon. It allows regulatory marketing pathways for hemp-derived cannabidiol substances used in dietary supplements and food.
What Separates Hemp from Cannabis?
The National Cannabis Industry Association notes that the current definition of hemp “rests on a total THC limit of 0.3%, a figure chosen in the 1970s for classification purposes, not for assessing the plant’s psychoactive effects. Bumping this limit up to 1% Total THC would have a negligible impact on impairment but could have a monumental effect on farmers’ operations.” Farmers whose hemp plants test over the current 0.3% limit have to destroy entire crops.
In 2022, Rep. Chellie Pingree of Maine filed the Hemp Advancement Act. The legislation would provide hemp reforms such as increasing the 0.3% THC legal threshold for hemp products to 1% on a dry weight basis. There’s strong support among industry groups to fold this legislation into a broader agricultural package.
Ending Discriminatory Hemp Policies
This past March, a bipartisan group of legislators introduced H.R. 1428, The Free to Grow Act 2023, under the Farm Bill. This legislation would expand economic opportunities for formerly incarcerated individuals.
The U.S. Hemp Roundtable lists repealing the hemp felon ban that was included in the 2018 Farm Bill among their main priorities, stating, “Promoting justice, equity and the planet by repealing the felon ban in HR 1428, supporting hemp research at minority serving institutions, and enhancing climate opportunities through carbon credit programs.”
Several stakeholders in the hemp industry have expressed support for this bill and other measures to repeal the hemp felon ban. “We remain optimistic that the Farm Bill presents an opportune moment to enact these key changes crucial for the advancement of the hemp industry,” says Miller.
