A GOP-led House committee has put forward a large-scale spending bill that contains language that would effectively ban most consumable hemp-derived cannabinoid products, including delta-8 THC and CBD items containing any “quantifiable” amount of THC.
The House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies posted the text of the legislation on Monday—just one day before a scheduled vote.
If enacted into law, cannabinoids that are “synthesized or manufactured outside of the plant” would no longer meet the definition of legal hemp.
The language is virtually identical to a provision of the 2024 Farm Bill that was attached by a separate committee late last month via an amendment from Rep. Mary Miller (R-IL).
The proposed ban faced sizable pushback from the hemp industry, though certain key marijuana businesses have joined prohibitionists in supporting the proposed policy change.
Many observers expect that the timeline for advancing the Farm Bill will be pushed back until next year, however, so the hemp provision’s inclusion in a must-pass spending bill raises the stakes for hemp industry advocates.
Supporters of the ban have described the language as a fix to a “loophole” that was created under the 2018 Farm Bill that federally legalized hemp.
While they’ve focused on the need to address public safety concerns related to unregulated “intoxicating” cannabinoid products such as delta-8 THC, some hemp industry advocates say the effect of the proposed language could be a ban on virtually all non-intoxicating CBD products as well, as most on the market contain at least trace levels of THC, consistent with the Farm Bill definition of hemp that allows for up to 0.3 percent THC by dry weight.
Hemp industry stakeholders have recognized that there’s a need to address legitimate concerns related to the unregulated market that’s proliferated since hemp was federally legalized, but the solution they’ve put forward is to enact strategic regulations to ensure product safety and prevent youth access.
Hellbound and Down 