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MARIJUANA MOMENT

HEMP INDUSTRY PUSHES BACK AGAINST MARIJUANA COMPANIES ADVOCATING FOR
INTOXICATING CANNABINOID BAN IN FARM BILL


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POLITICS


HEMP INDUSTRY PUSHES BACK AGAINST MARIJUANA COMPANIES ADVOCATING FOR
INTOXICATING CANNABINOID BAN IN FARM BILL

Published

3 seconds ago

on

May 15, 2024

By

Kyle Jaeger

Hemp businesses, marijuana companies, state regulators, prohibitionists and
congressional lawmakers are all vying to have their cannabis priorities
represented in the forthcoming Farm Bill. But while there are shared interests
among certain stakeholders, some competing proposals have created tension in
unexpected ways.

The hemp industry, for example, is at odds with select marijuana companies that
are aligned with prohibitionists—with the strange bedfellows in agreement on
proposed restrictions on intoxicating hemp-derived cannabinoids such as delta-8
THC.

“Policy challenges related to hemp are complex, and several steps are required
to fully address them,” U.S. Cannabis Council (USCC) Executive Director Edward
Conklin said in a letter to congressional leaders last month. “However, the most
important and time-sensitive of those steps is within your control and well
within the authority of the Farm Bill: Close the loophole created by the current
definition of hemp established by the 2018 Farm Bill and create a regulatory
pathway for non-intoxicating products.”

Dogs Given CBD See ‘Significant Reductions’ In Anxiety Related To Riding In Cars

Dogs Given CBD See ‘Significant Reductions’ In Anxiety Related To Riding In Cars
A recent study has shown that dogs given daily doses of CBD experience notable
reductions in stress and anxiety associated with car travel.  Researchers
compared the stress responses of dogs that received THC-free cannabis to those
in a placebo group before, during, and after car rides.  The study involved 20
dogs, all of which exhibited signs of stress and anxiety during car journeys. 
However, dogs treated with CBD two hours before travel showed significant
improvements over a 24-week period.  Specific stress indicators, such as whining
and cortisol levels in the blood, were significantly affected by CBD
administration, according to the study.  “Daily dosing of cannabidiol (CBD)
demonstrates a positive effect on measures of stress in dogs during repeated
exposure to car travel,” said the researchers at the Waltham Petcare Science
Institute in the United Kingdom. There is increasing interest in the therapeutic
potential of cannabis for pets and other non-human animals. A separate study
published in 2018 also found that CBD treatment improves symptoms in dogs with
arthritis.
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The language recommended by USCC, which represents major cannabis companies,
would remove intoxicating cannabinoid products intended for consumption from the
definition of federally legal hemp and reclassify them as federally illegal
marijuana products.

Likewise, the prohibitionist Community Anti-Drug Coalitions of America (CADCA)
sent out an alert to supporters last week saying they “strongly recommend that
the loophole caused by the 2018 Farm Bill definition of hemp be closed by adding
clarifying language to the 2024 Farm Bill definition of hemp to explicitly
exclude intoxicating semi-synthetic cannabinoids derived from hemp.”



Hemp stakeholders, including the U.S. Hemp Roundtable, meanwhile, recognize that
the current statute has allowed an unregulated cannabinoid market to
proliferate—sometimes inviting bad actors to the table. But rather than impose
an outright ban, which would have a major economic impact on an already
struggling market, they’ve proposed enacting robust regulations to mitigate
public health and safety concerns.

Shortly after Senate Democrats released a summary of their Farm Bill draft, the
association applauded descriptions of provisions to eliminate a ban on industry
participation by people with drug-related felonies on their record and reduced
regulatory barriers for hemp farmers growing for grain or fiber. It also noted
that the summary didn’t signal any substantive change to the definition of hemp
that could impact the cannabinoid market.



“Some marijuana organizations have joined prohibitionists to propose bans that
could federally criminalize products with any amount of THC, even
non-intoxicating full spectrum CBD products,” the Roundtable said. “We continue
to lobby Congress against such restrictions and are hopeful that our
approach—regulating all products and keeping products that may impair out of the
hands of children—will prevail in the end.”

Jonathan Miller, general counsel for the Roundtable, told Marijuana Moment it’s
important to remember that “the marijuana industry is not monolithic,” and there
are many instances of overlap between the hemp and marijuana sectors.

“But there certainly are some organizations and companies in the marijuana space
that view adult hemp products as competition and are upset that there’s less
regulation of the hemp products than there are the marijuana products, and so
they’ve come to the conclusion that we need to federally ban all these hemp
products,” he said in an interview.



At the same time, “there are a lot of marijuana companies who are getting into
the hemp space, and the general agreement of the hemp industry and these
marijuana companies is: Let’s not go to prohibition, let’s regulate,” Miller
said. “And this is what the U.S. Hemp Roundtable has been arguing for years.”

David Culver, senior vice president for USCC, the marijuana industry group, told
Marijuana Moment that his organization “supports a uniform approach to THC
products.”

“That means intoxicating hemp products should be regulated the same as cannabis
products,” he said. “We believe that all of these products should be available
for sale to adults with strict age gating and safety standards. Closing the
perceived loophole in the Farm Bill would create parity and facilitate
state-level regulation, followed by eventual federal legalization of all THC
products.”



Of course, marijuana is not currently federally legal and regulated with age
limits as USCC desires. And so by putting intoxicating hemp products on par with
marijuana again under the Controlled Substances Act, the organization’s proposal
would amount to putting a national prohibition back on the books by removing the
exemption from the federal definition of marijuana that hemp derivatives
currently enjoy.

The House Agriculture Committee didn’t make any mention of hemp policy in its
initial Farm Bill summary document circulated earlier this month. Nor did it
include the policy issue in an updated and expanded summary that was released on
Friday. Politico reported last week that the chair of that panel, Rep. Glenn
Thompson (R-PA) said that hemp is one of the final issues members are working to
resolve in their draft.



Thompson also said that he’s heard from members on both sides of the aisle who
support and oppose redefining hemp to close a “loophole” on intoxicating
products.

As of now, it’s not clear from the documents posted by the House and Senate
committees what language addressing the definition of hemp could actually be in
the chambers’ respective Farm Bill legislation when the proposals are unveiled.

But with a House committee markup scheduled for next Thursday, it will soon be
revealed where that panel falls on the issue.



Reid Stewart, CEO of cannabis concentrate manufacturer Frozen Fields, said in a
press release last week that the “ambiguity” of the Senate summary on hemp
redefinition “is alarming for the hemp industry, especially considering the
potential implications.”

“The proposed redefinition of hemp could jeopardize the livelihoods of over
50,000 small businesses that sprang up following previous legislation,” he said.
“It seems counterproductive for the federal government to potentially
criminalize hemp—an industry born from laws it enacted, especially when past
policies on similar issues have not only failed but also contributed to the mass
incarceration of hundreds of thousands of people.”

State marijuana regulators, meanwhile, are proposing a different kind of remedy,
calling on Congress to update the agriculture legislation with legislation
clarifying states’ rights to enact their own regulations for hemp-based
intoxicating cannabinoids, citing instances where there’s been litigation
asserting that federal law preempts such rulemaking.



“Federal clarification of states’ existing authority is thus essential to allow
states to continue to protect public health and integrity in the hemp
industry—as the 2018 Farm Bill always intended,” three executives with the
Cannabis Regulators Association (CANNRA) said in a letter to congressional
leaders on Monday.

CANNRA had previously recommended to Congress in a letter last year that
lawmakers adjust the federal definition of hemp and modify rules around
hemp-derived cannabinoids.

Meanwhile, the Congressional Climate Solutions Caucus also sent a letter to
leaders of the House Agriculture Committee late last week that urged them to
attach to the Farm Bill language from separate bipartisan legislation that would
reduce regulations on farmers that grow industrial hemp for non-extraction
purposes.

Under the standalone bicameral measures, farmers that cultivate industrial hemp
would no longer be subject to background checks in order to participate in the
market, and they wouldn’t have to fulfill rigorous sampling and testing
requirements.

Separately, with respect to lifting the felony conviction ban for hemp farmers
as described in the Senate Farm Bill summary, Reps. David Trone (D-MD), Chellie
Pingree (D-ME), Dave Joyce (R-OH) and Nancy Mace (R-SC) introduced the “Free to
Grow Act” last year. They said upon introduction that it would end what they
called a “discriminatory” federal policy barring people with prior felony drug
convictions from owning or leading legal hemp businesses.



Pingree also introduced legislation last session titled the “Hemp Advancement
Act” that would reduce regulatory barriers for hemp farmers cultivating the crop
for fiber or grain, while enacting other changes favored by stakeholders such as
increasing the THC threshold for legal hemp from 0.3 percent THC by dry weight
to one percent.

Lawmakers and stakeholders have also been eyeing a number of other proposals
that could be incorporated into the Farm Bill, including measures to free up
hemp businesses to legally market products like CBD as dietary supplements or in
the food supply.

—
Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—



Meanwhile, the hemp market started to rebound in 2023 after suffering
significant losses the prior year, the latest annual industry report from the
U.S. Department of Agriculture (USDA) that was released last month found.

The data is the result of a survey that USDA mailed to thousands of hemp
farmers across the U.S. in January. The first version of the department’s hemp
report was released in early 2022, setting a “benchmark” to compare to as the
industry matures.

Bipartisan lawmakers and industry stakeholders have sharply criticized FDA for
declining to enact regulations for hemp-derived CBD, which they say is largely
responsible for the economic stagnation.

To that end, FDA Commissioner Robert Califf testified before the House Oversight
and Accountability Committee last month, where he faced questions about the
agency’s position that it needed additional congressional authorization to
regulate the non-intoxicating cannabinoid.

USDA is also reportedly revoking hemp licenses for farmers who are
simultaneously growing marijuana under state-approved programs, underscoring yet
another policy conflict stemming from the ongoing federal prohibition of some
forms of the cannabis plant.

For the time being, the hemp industry continues to face unique regulatory
hurdles that stakeholders blame for the crop’s value plummeting in the short
years since its legalization. Despite the economic conditions, however, a recent
report found that the hemp market in 2022 was larger than all state marijuana
markets, and it roughly equaled sales for craft beer nationally.



Meanwhile, internally at USDA, food safety workers are being encouraged to
exercise caution and avoid cannabis products, including federally legal CBD, as
the agency observes an “uptick” in positive THC tests amid “confusion” as more
states enact legalization

> House Committee Proposes Ending Marijuana Testing For Military Recruits In
> Defense Bill



Photo courtesy of Pixabay.

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Kyle Jaeger


Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.



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