In the midst of the news that cannabis will officially be moved from Schedule I to Schedule III on the federal Controlled Substances Act (CSA), the hemp industry is also slated for some potential changes in the coming months—or whenever the 2024 Farm Bill is finally unveiled.
It appears that we’re at least getting closer to understanding what this newest version of the Farm Bill will contain, and how it could alter the hemp industry in the West, as the House and Senate both released summaries of what the new bill could entail. Specifically, the House Agriculture Committee Republicans shared a five-page summary outlining key items in their draft for the latest bill, while the Senate Agriculture Committee Democrats shared a more extensive, 94-page section-by-section summary.
The last iteration of the bill, the 2018 Farm Bill, acted as a catalyst for jumpstarting today’s modern hemp and hemp-derived cannabinoid industry, in that it authorized the production of hemp and removed hemp and hemp seeds from the CSA.
The next version of the bill has been highly anticipated, initially meant to be shared last year but ultimately delayed to this year.
Namely, many states have already begun to create their own regulations, and even bans, on hemp-derived products—especially those containing psychoactive doses of THC. The 2018 Farm Bill defines hemp as having less than 0.3% THC by dry weight, though producers have been able to work within those limitations to offer consumers products with hemp-derived THC, even in those states that have yet to legalize adult-use cannabis.
Some lawmakers have since argued that the availability of psychoactive hemp-derived products was an unintended consequence of the bill, while others are pushing for more flexibility in the hemp industry. The U.S. hemp industry’s future largely boils down to the contents of the next installment of the Farm Bill.
The House summary curiously does not make any mention of hemp, though House Committee on Agriculture Chairman Glenn Thompson (PA-15) said that the bill is the result of an extensive and transparent process, which included feedback from both Democrats and Republicans alongside stakeholders.
“Each title of this Farm Bill reflects a commitment to the American farmer and viable pathways to funding those commitments, and is equally responsive to the politics of the 118th Congress,” Thompson said. “The Committee on Agriculture will markup this bill on May 23, and I hope for unanimous support in this endeavor to bring stability to producers, protect our nation’s food security, and revitalize rural America.”
The Senate summary mentions hemp in one section, though it does not address intoxicating consumable hemp products.
Rather, it includes the language:
Sec. 10015. Hemp Production
• Defines “industrial hemp” and lowers regulatory barriers for farmers who are growing
industrial hemp for grain and fiber.
• Eliminates the ban on persons who were previously convicted of a felony relating to a
controlled substance from participating in the program or producing hemp.
U.S. Senate Agriculture, Nutrition, and Forestry Committee Chairwoman Debbie Stabenow (D-MI) called the bill a “serious proposal” reflecting bipartisan priorities to “keep farmers farming, families fed, and rural communities strong.”
“The foundation of every successful Farm Bill is built on holding together the broad, bipartisan coalition of farmers, rural communities, nutrition and hunger advocates, researchers, conservationists, and the climate community,” Stabenow said. “This is that bill, and I welcome my Republican colleagues to take it seriously and rejoin us at the negotiating table so we can finish our work by the end of the year. Farmers, families, and rural communities cannot wait any longer on the 2024 Farm Bill.”
The U.S. Hemp Roundtable also said that it was “thrilled” that two of its principle items were included in the Senate summary, touting its support that regulatory barriers could be lowered.
“Repealing the hemp felon ban has been a high priority of the US Hemp Roundtable since the 2018 Farm Bill passed, and we are encouraged that it is listed as a priority of Senate Democrats,” the Roundtable said. “We are glad that this ban repeal covers all farmers and is not limited to a select few as we have seen in some legislation. Farmers who have paid their time should be eligible to grow a legal crop.”
While the summaries signal that a new era for the hemp industry is upon us, the lack of language surrounding intoxicating hemp products is curious given how prevalent the topic has been in recent months.
The products are often sold at smoke shops or convenience stores, and unless states have specifically passed legislation to further regulate the products, they can often be purchased with no age verification. They also lack the regulatory requirements surrounding cannabis, so it’s not guaranteed that what is advertised is actually inside of consumable hemp products.
In states introducing further regulations on the products, especially those that have yet to enact adult-use cannabis legalization, many consumers have found relief from the newly accessible hemp-derived THC products. It presents a question as to whether fully banning these products could send more people to the illicit industry. Still, many agree that the lack of a regulatory framework for these products is problematic.
The topic is polarizing within the cannabis industry as well, with some businesses seeing the products as competition while others have worked to integrate hemp-derived products into their product lines.
It’s still unclear exactly when the new Farm Bill will be released, but the current extension expires on Sept. 30, 2024.
