Republican senators have reintroduced a bill that would triple the amount of THC that can legally be found in marijuana, while addressing several other concerns the industry has expressed about federal regulations.
Sen. Rand Paul (R-Ky.) introduced a bill on Tuesday entitled the Cannabis Economic Mobilization Plan (HEMP) Act. The measure is identical to the version he proposed in the last Congress.
Hemp and its derivatives were legalized under the 2018 Farm Bill, but since then the industry has experienced multiple setbacks and remains largely unregulated due to the proliferation of addictive cannabinoid products. This has led to moves in Congress and state legislatures across the country to take control of the market. .
In the meantime, one of the most common complaints lawmakers have heard from hemp operators is that the federal government defines hemp crops as having 0.3 percent or less THC. They argue that this is too low, so Paul's bill would raise that threshold to 1 percent.
It would also address potential issues with testing requirements under USDA regulations. Hemp processors currently have a 15-day grace period to test the flowers of their crops to ensure THC levels are within acceptable limits. But flower testing can be tedious, and farmers say it strains resources, not to mention that a plant's THC is heavily influenced by external factors.
To resolve this issue, the bill calls for testing the final hemp product itself, rather than the initial flowers from the plant.
“For years, I have led the fight in Washington to restore one of Kentucky's most historically important crops by legalizing industrial hemp,” Paul said in a press release. said. “While we have achieved hard-won victories, there is still work to be done to prevent the federal government from burdening farmers with unnecessary bureaucratic micromanagement. It will help this growing industry reach its full economic potential and bring transparency to government regulation.”
The law also establishes documentation requirements for people transporting cannabis shipments, aimed at preventing law enforcement from seizing legal crop believing it to be illegal marijuana. This bill expands the types of documents people can have to prove a product's legality. The first version of Paul's bill, introduced in 2020, would have required them to carry a certificate from a laboratory certifying that their products contained 1 percent or less THC, but now they have been replaced. All they had to do was bring a copy of their hemp grower's license to the city.
Paul's new bill comes the same week that Sen. Ron Wyden (D-Ore.) announced another bill that would create a federal regulatory framework for hemp-derived cannabinoids, allowing states to control products such as CBD. It also gave states the power to set their own rules. The Food and Drug Administration (FDA) ensures that certain safety standards are met on the market, such as ensuring that products are not sold to children.
Rather than an outright federal ban on hemp products containing traceable amounts of THC, as has been proposed in two major Republican-led bills on the House side in recent months, the Wyden bill would Stakeholders are offering regulatory pathways. A smarter alternative that doesn't threaten to pull the rug out from under the industry.
The bill specifically preserves states' rights to set stricter regulations, including outright bans on products as they are deployed in certain markets. Most recently, in California, a controversial emergency regulation went into effect on Monday that “prohibits the sale of products containing detectable amounts of the substance.” Total THC. ” Hemp stakeholders, including the Cheech & Chong cannabis company, filed a lawsuit Tuesday challenging California’s policy.
The senator's introduction of the measure comes as lawmakers consider other controversial legislative proposals that would impose a blanket ban on hemp-derived cannabinoids, such as delta-8 THC.
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For example, Rep. Mary Miller's (R-Ill.) 2024 Farm Bill amendment, approved by a House committee in May, changed the federal definition of legal hemp to cannabinoids that are “synthesized or manufactured outside of a factory.” The content is to be deleted. Prohibitionists as well as some cannabis companies argue that the change fixes a “loophole” created under the 2018 Farm Bill that federally legalized cannabis and its derivatives. is also supported.
Anti-drug groups, law enforcement and some health groups are urging Congress to accept a ban, arguing that “attempts to regulate semi-synthetic cannabinoids will not work.”
In addition to Miller's amendments in the 2025 Farm Bill, the House Appropriations Committee in July passed another bill that includes a similar provision banning cannabinoid products such as delta-8 THC and CBD that contain “quantifiable” amounts of THC. Approved the spending bill.
Hemp-derived cannabinoids were also featured in a recent federal appeals court decision, in which a judge ruled that hemp-derived cannabinoids, such as THC-O-acetate, do qualify as hemp and are legal under the 2018 Farm Bill. I ruled. In issuing its decision, the court rejected the Drug Enforcement Administration's more restrictive interpretation of the law.
How to deal with cannabis-derived cannabinoids has caused some rifts within the cannabis community, with marijuana companies in some cases finding themselves on the same side as prohibitionists pushing to ban derivatives. I noticed.
The United States Cannabis Council (USCC), in a letter to Congressional leaders ahead of Miller's proposed amendment, would bring cannabis-derived cannabinoids containing any amount of THC under the federal definition of illegal marijuana. We proposed that specific language be included.
While focusing on the need to address public safety concerns associated with unregulated “intoxicating” cannabinoid products such as delta-8 THC, some hemp industry advocates are Some argue that the impact of the new language could result in virtually all non-intoxicating CBD being banned, and that most products on the market contain at least trace levels of THC. This is consistent with the Farm Bill's definition of hemp, which allows up to 0.3 percent THC per dry weight.
Meanwhile, a bill passed by the House Agriculture Committee in May also includes provisions that would ease regulatory barriers for certain cannabis farmers and reduce the ban on people with prior drug convictions from participating in the industry. .
Specifically, the U.S. Department of Agriculture (USDA), states, and tribal organizations can choose to eliminate policies that prevent industrial hemp production permits for people who have been convicted of a drug felony in the past 10 years. That's what you do.
But advocates had hoped for broader language, like the one laid out in Senate Democrats' recent outline for the upcoming farm bill. Under the plan, the mandate would be to lift the ban, rather than just authorize it, and would apply to all hemp producers, not just those growing hemp for purposes other than extraction.
The Senate Agriculture Committee has not yet released the bill text, so it remains to be seen whether the brief matches what is ultimately released. A bipartisan group of House members introduced a standalone bill last year that would broadly lift the felony ban on would-be cannabis producers.
Lawmakers and stakeholders are also eyeing a number of other proposals that could be incorporated into the Farm Bill and could emerge as amendments as the bill moves through the legislative process. CBD as a dietary supplement or food.
The hemp market began to recover in 2023 after suffering significant losses the previous year, according to the United States Department of Agriculture's (USDA) annual industry report released in April.
The data is the result of a survey the USDA mailed to thousands of hemp farmers across the United States in January. The first version of the department's cannabis report was released in early 2022, setting a “benchmark” for comparison as the industry matures.
A bipartisan group of lawmakers and industry insiders have harshly criticized the FDA for refusing to enact regulations for hemp-derived CBD, arguing that it is a major cause of the economic downturn.
To this end, FDA Commissioner Robert Califf testified earlier this year before the House Oversight and Accountability Committee that the FDA would need additional Congressional approval to regulate non-intoxicating cannabinoids. I was asked about my position.
The USDA is also reportedly revoking cannabis licenses for farmers who simultaneously grow marijuana under state-approved programs, continuing the federal ban on some forms of cannabis plants. This highlights further policy contradictions caused by the current situation.
For the time being, the hemp industry continues to face unique regulatory hurdles, but officials say the value of hemp has plummeted in the short period since legalization. However, despite the economic situation, a recent report found that the hemp market in 2022 was larger than the marijuana market in every state and roughly equal to the sales of craft beer in the United States.
Meanwhile, inside the USDA, food safety officials say the agency is observing an “increasing” rate of positive THC tests amid the “chaos” as more states enact legalization. People are encouraged to use and avoid federally legal cannabis products containing CBD with caution.
Read the text of the HEMP Act below.
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Photo by Brendan Kriek.
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