House Committee Approval Of Amendment Eliminating 90% Of Hemp Intoxicating Products Could Drive Wedge Between Cannabis And Hemp Industries

The U.S. House Committee on Agriculture approved an en bloc amendment introduced by Rep. Mary Miller (R) to the new Farm Bill that would effectively eliminate the majority of hemp-derived products. 

"My amendment will close the loophole created in the 2018 Farm Bill that allows intoxicating hemp products like delta-8 (THC) to be sold," Miller said at the Thursday hearing. “These products are being marketed to children and sending hundreds of them to the hospital. We must stop teenagers and young children from being exposed to addictive and harmful drugs."

Miller also shared a similar message in a post on X.

Today, I am offering an amendment to close the loophole Congress created that allows the sale of intoxicating "Delta-8" THC products, which are being marketed to kids and teenagers. Parents strongly oppose these drug-infused products being pushed on children as candy or snacks. pic.twitter.com/4xox6RBc5T

— Mary Miller (@Miller_Congress) May 23, 2024

No Roll-Call Vote

According to the proposal's description, the amendment "changes the definition of hemp in the Agricultural Marketing Act of 1946 to only include naturally occurring, naturally derived, and non-intoxicating cannabinoids."

Effectively, this proposes a federal ban on all ingestible hemp products with any level of THC.

The amendment "would not only ban potentially impairing products like Delta-8, but it would bring under a new prohibition all non-intoxicating CBD products with any quantifiable amount of THC – meaning 90-95% of the hemp products market would be federally banned. Even animal feed – which has been approved by the FDA for these uses – would be banned. Redefining hemp to include a calculation of THC-A would even wreak havoc in the fiber and grain market," writes U.S. Hemp Roundtable.

See Also: Hemp Advocates Rejoice As Senate Dems Push To Lift Felony Ban In 2024 Farm Bill Proposal

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It is important to mention that Rep. Glenn "GT" Thompson (R) did conduct a roll-call vote for each amendment but chose to pass them all together, which the U.S. Hemp Roundtable said was a "procedural tactic" to pass the amendment.

"And that resulted in the passage of a deeply flawed and deeply objectionable policy," the organization stated.

Republican politicians like Rep. Jim Baird, Derrick Van Orden and Zach Nunn all expressed their opposition to the amendment before it passed, writes MJ Biz Daily.

Rob Pero (Bad River), founder of the Indigenous Cannabis Industry Association acknowledged that the amendment "poses a significant threat to the U.S. hemp industry and our communities’ interests in advancing wellness, industry, and economies." He urged “all members of Congress to recognize the detrimental impact of the Mary Miller amendment on Indigenous hemp interests and the broader hemp industry. This cynical effort, influenced by monopoly-seeking marijuana companies, threatens to undermine the progress made since the legalization of hemp in the 2018 Farm Bill."

See Also: House Extends 2018 Farm Bill, USDA Tells Food Safety Workers To Avoid CBD & THC Products & More

Cannabis Vs Hemp: Industry Reacts 

The 2018 Farm Bill loophole and the passed amendment have managed to create a war between two twin sister industries: hemp and marijuana.

Some cannabis companies and trade groups have been urging Congress to close the loophole while the hemp industry is clear – keep the federal definition of hemp unchanged, wrote Politico’s Natalie Fertig.

"FDA's refusal to issue regulations on CBD products has effectively turned hemp and cannabis companies against each other when we should be working towards the same purpose," Jim Higdon, the co-founder of Cornbread Hemp, a Kentucky-based hemp company, told the outlet, before the House Committee vote.

What's more, the U.S. Cannabis Council, whose members include some of largest companies in the U.S. supported strict regulation of intoxicating hemp products. The council's members include Canopy Growth CGC, Curaleaf Holdings CURLF, Cresco Labs CRLBF, MariMed MRMD, Acreage Holdings ACRDF, Verano Holdings VRNOF, Dutchie, Pax Labs and more.

 "The 2018 Farm Bill has wrongly been used to justify the mass production and sale of unregulated intoxicating hemp products. We support a uniform approach to regulating intoxicating THC products. That means intoxicating hemp products should be regulated the same as cannabis products. We believe that all of these products should be available for sale to adults with strict age gating and safety standards," said US Cannabis Council executive director Ed Conklin.

"Rep. Mary Miller’s amendment would firmly close the so-called Farm Bill loophole by further clarifying the definition of hemp to strictly cover naturally occurring, non-intoxicating products. Today’s adoption of the amendment is a strong signal that Congress is serious about addressing the national crisis posed by unregulated intoxicating hemp products," he added.

Prior to the passage, marijuana giant, Curaleaf told Politico that it is launching a line of drinks with a low, but still intoxicating amount of Delta-9 THC (5mg), made fully within the guidelines of the Farm Bill. Even though a member of USCC, the public cannabis operator does not agree with the trade group's stance on closing the loophole.

"We would prefer that it'd be one regulatory framework for all cannabinoids," Boris Jordan, Curaleaf’s founder and executive chair told the outlet. "We're at that point in time right now with the hemp industry where there needs to be some rules put around what you can and can't put into these products."

What's next?

The Farm Bill has been moved to the House floor, but the Hemp Roundtable doubts its passage.

The U.S. Senate Committee on Agriculture, Nutrition and Forestry also needs to release its own full version of a proposed bill.

Read Next: 56% Of Americans Say Marijuana Users Would Create Good Cannabis Policy As They Don’t Trust Big Pharma, Tobacco And Alcohol

Photo: Courtesy of Kyrylo Vasyliev via Shutterstock