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MARIJUANA MOMENT

NEW BIPARTISAN CONGRESSIONAL BILL WOULD EASE RESTRICTIONS FOR INDUSTRIAL HEMP
FARMERS


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POLITICS


NEW BIPARTISAN CONGRESSIONAL BILL WOULD EASE RESTRICTIONS FOR INDUSTRIAL HEMP
FARMERS

Published

11 months ago

on

May 31, 2023

By

Kyle Jaeger

Bipartisan congressional lawmakers have filed a new bill to reduce regulations
on farmers that grow industrial hemp for non-extraction purposes.

Reps. Matt Rosendale (R-MT) and Chrissy Houlahan (D-PA) are sponsoring the
Industrial Hemp Act, which is a House companion to a Senate version that was
introduced in March by Sens. Jon Tester (D-MT) and Mike Braun (R-IN).

Hemp and its derivatives like CBD that contain no more than 0.3 percent THC by
dry weight were legalized under the 2018 Farm Bill—and regulatory responsibility
falls with the U.S. Department of Agriculture (USDA). The new bill seeks to
create a distinction between “industrial” hemp that’s grown for products like
fiber and “hemp for any purpose” which would cover crops cultivated to extract
cannabinoids like CBD.

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Farmers who 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.

Instead, they would simply have to go through an annual visual inspection, where
they would need to demonstrate that they’re growing the crop for a purpose
covered under the new “industrial hemp” definition. If they failed the initial
visual review they would then need to provide documentation demonstrating “a
clear intent and in-field practices consistent with the designation” of
industrial hemp. Only if they refused to do so would regulators then be
empowered to physically test harvested plant material.



The measure also preempts states and tribes from enacting requirements on
industrial hemp growers that are more stringent than those laid out in the bill.
It further provides that anyone who knowingly produces hemp crops that are
inconsistent with their designation will be ineligible to participate in the
legal hemp industry for a period of five years.

This bill’s introduction comes as discussions are heating up over the next
iteration of the Farm Bill, in which lawmakers will likely try to include
provisions to further ease burdens on the hemp market, which saw a significant
decline in value last year, according to USDA.

Stakeholders have largely blamed FDA for the economic downturn, faulting the
agency for choosing not to enact regulations that would allow for the marketing
of hemp-derived cannabinoids in dietary supplements and the food supply. FDA
said it needed further congressional action to develop such rules.



—
Marijuana Moment is tracking more than 1,000 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.
—



Rep. James Comer (R-KY), chair of the House Oversight and Accountability
Committee, sent a letter to FDA Commissioner Robert Califf in March, announcing
an investigation into the agency’s decision and criticizing the “insufficient
rationale for inaction” on CBD regulations.

Advocates are pushing Congress to enact legislation to address the issue,
including a bipartisan bill from Reps. Morgan Griffith (R-VA) and Angie Craig
(D-MN) that would provide a regulatory pathway for hemp derivatives like CBD.

Griffith and other bipartisan lawmakers sent a separate, related letter to the
FDA commissioner last year. They expressed frustration over the “completely
insufficient response” the agency provided in response to their bill calling for
hemp-derived CBD to be permitted and regulated as a food additive.



Meanwhile, a group of House lawmakers introduced a bill in March that seeks to
end what they say is a “discriminatory” federal policy that bars people with
prior felony drug convictions from owning or leading legal hemp businesses.

All of this comes in the background of a major task for FDA: Conducting a
scientific review into marijuana, at the direction of President Joe Biden, to
aid in an assessment of its federal scheduling. FDA’s recommendation won’t be
binding, but officials say they expect the Drug Enforcement Administration (DEA)
to produce a scheduling recommendation that’s consistent with their findings
about its risks and benefits.

Read the text of the Industrial Hemp Act below:







> GOP Kentucky Attorney General Launches Psychedelics Research Effort Supported
> By $42 Million In Opioid Settlement Funds



Photo courtesy of Brendan Cleak.

Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.

Related Topics:featured

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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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