Congress’s Failure to Revise Farm Bill Harms the Hemp Industry
The 2018 Farm Bill is supposed to undergo a Congressional review every five years, with revisions made based on current knowledge about hemp and cannabinoids. An extension has pushed the 2023 Farm Bill deadline for passage to September 30, 2025. In the meantime, intoxicating compounds like delta-8 THC have emerged, confusing the public and harming the legitimate hemp industry. In addition, states are trying to fill the federal void by passing legislation that prohibits all THC, meaning many CBD products are at risk of becoming illegal because they have some THC.
Hemp is used for various purposes, including fiber, food, and CBD extracts. The Farm Bill legalized hemp and derivatives as long as they contain less than 0.3% delta-9 THC. However, legislators did not anticipate the ability to chemically convert CBD extracted from hemp into intoxicating delta-8 THC, HHC, THC-O and other compounds. Today, there is a flood of intoxicating hemp products sold that are technically legal because of the wording in the Farm Bill.
The 0.3% delta-9 THC limit was chosen because this is the upper amount of THC a person can take without experiencing a high. Products like delta-8 THC violate the intent of the law to prohibit the sale of intoxicating hemp products and have created a market of products that do not fall under federal or state laws.
Since the federal government is gridlocked on revising the Farm Bill, states are passing laws, and some include a ban on hemp products containing any amount of THC. California recently implemented such a rule. Texas has advanced legislation that prohibits the sale of any consumable hemp product containing delta-8 or delta-9 THC except for those regulated in the marijuana market. There are other states following suit.
The lack of consistent regulations is creating chaos in the hemp industry. People associate hemp with synthetic, intoxicating products sold in gas stations, corner markets, online stores, and vape shops, and there is no labeling transparency, age checks, or quality controls.
A Congressional House version of the Farm Bill includes the Miller Amendment, which redefines legal hemp by saying it can only include naturally occurring, non-intoxicating cannabinoids. The issue is that THC is defined as intoxicating, so even products with a trace amount of THC would be illegal. Another proposal would categorize two types of hemp, one being industrial hemp for fiber, grain, and research and the other hemp for cannabinoid extraction.
As the lack of progress in developing and passing a new Farm Bill continues, the hemp market suffers. This includes re-establishing hemp as a sustainable food and health crop. Hemp farmers and CBD producers do not know if some of their products will become illegal. HempToday notes that until Congress takes action, intoxicating cannabinoids will continue to shape the hemp industry’s news cycle, influence consumer perception, and force individual states to create their own regulations. The publication emphasizes the need for federal lawmakers to step in and restore clarity, rationality, and credibility, before the meaning of the word “hemp” becomes permanently distorted.
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