Hemp continues to be a hot-button issue across the nation, especially as the market for it grows. The definition of federally legal hemp—cannabis that contains less than 0.3 percent THC by dry weight—has allowed for intoxicating weed products to sprout up even in states in which weed is not legal. Since the definition only names THC, products with other cannabinoids like THCA are legal to sell. With drinks, the “dry weight” distinction allows for high amounts of THC, as water and sugar weigh much more.
Many lawmakers have dedicated themselves to closing the alleged hemp loophole that retailers have found. In a recent blow to legalization efforts, Senator Mitch McConnell (R-KY) is seeking a ban of all consumable products with quantifiable amounts of THC.
RELATED: Officials send dozens of cease and desists over hemp
McConnell led hemp reform efforts in 2018 when the Farm Bill was passed, but has changed his tune. He now finds himself working alongside people like Rep. Andy Harris (R-MD), for whom restrictive policies like the Harris Rider are named. According to Marijuana Moment, while the bill text has not yet been released, sources say the provisions will be identical to the ones passed by the House Appropriations Committee in June.
If passed, all products containing THC—regardless of amount—will be banned, and because it’s virtually impossible to extract the cannabinoids found in the plant from each other, CBD items will likely be banned as well. Last month, Harris clarified that the bill does not intend to ban “industrial or nonintoxicating” products with “trace or insignificant amounts of THC,” but the bill’s language will indeed do so if not amended before Thursday.
The bill’s opposition
Hemp champion Senator Rand Paul (R-KY) has openly opposed this bill, telling Marijuana Moment that it would “completely destroy the American hemp industry.” In many states, restrictive hemp-focused legislation has already been passed, specifically to regulate the sale of products containing Delta-9 THC. As the hemp drink industry grows and is projected to reach a $30 billion valuation before 2035, local governments, as well as alcohol wholesalers, are pushing for the closing of the perceived loophole that hemp retailers exist in.
Paul filed an opposing bill, proposing that the THC limit for federally legal hemp should be one percent, a more than three times increase. Francis Creighton, CEO and President of Wine & Spirits Wholesalers of America, has also come out against the proposed legislation, suggesting that only synthetic cannabinoids should be prohibited. He and others are adamant that, despite Harris’s clarification, this bill constitutes a ban.
RELATED: Texas gov. makes final hour decision on hemp ban
The future of consumable hemp is hazy
If passed, McConnell and Harris’s efforts will effectively kill the consumable cannabis industry as we know it. It would maintain the legal status of only “industrial hemp,” which will allow for the plant to be grown for fiber, oil, cake, and other edible products intended for consumption. Other CBD products will be banned, despite containing virtually no THC.
The determination for the quantifiable amount of THC will also be shifted—now, it will be “based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture).”
The legal cannabis industry has taken hit after hit for as long as it’s existed, and to make matters worse, former allies are now going back on their word. As new policies on hemp are proposed and passed, the growing market might be stopped in its tracks before it really has the chance to bloom.