The Senate Appropriations Committee Approved Legislation to Ban Hemp THC Products
The Senate Appropriations Committee has approved a bill that contains provisions hemp industry stakeholders say would devastate the market by banning consumable hemp products with any “quantifiable” amount of THC. However, bipartisan members agreed to delay the implementation of the ban for one year, according to Marijuana Moment.
Last week, the committee passed Agriculture, Rural Development, FDA spending legislation that covers the next fiscal year—and also includes provisions that would significantly revise hemp laws following the crop’s legalization under the 2018 Farm Bill.
The bill “closes the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products being sold across the country,” a committee summary says.
If implemented, the language would ban any hemp product with a certain amount of THC or any cannabinoid that has, or is marketed to have, similar intoxicating effects. The provision would still allow hemp to be used for fiber, seed and grain, as originally intended in the 2018 Farm Bill.
The bill now heads to the full Senate for consideration.
Concerns on Banning Hemp THC Products
During the Committee hearing, Sen. Jeff Merkley (D-OR) expressed his concerns about how the new prohibition would be overbroad and impact even non-intoxicating products, saying the language “addresses one very important issue, but causes another problem.”
“The important issue it addresses is not allowing hemp to be grown to produce hallucinogenic products, and that, unfortunately, due to the magic of laboratories, has occurred,” Merkley said. “But then there are other products that come from hemp such as CBD that has, in fact, been a significant factor as a healthcare supplement in many, many products across America that does not have a hallucinogenic effect.”
Industry experts have also been expressing their concerns, according to Marijuana Moment, saying the broad language wouldn’t just ban controversial hemp products found at gas stations and headshops across the country – it would prohibit all products containing any amount of THC. This means even CBD items would likely be banned because it’s extremely rare that the extraction of that non-intoxicating cannabinoid would have no THC.
Wine & Spirits Wholesalers of America (WSWA) president and CEO Francis Creighton said in a press release that “proponents and opponents alike have agreed that this language amounts to a ban.”
“By pushing a rapidly evolving industry back into the shadows, Congress is creating even more chaos in the marketplace, undermining state initiatives and punishing responsible actors,” he said. “We urge the full House to reconsider this approach. States can regulate intoxicating products safely and effectively through systems that preserve consumer trust and public safety. It’s time for Congress to follow their lead, not override their authority.”
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