Amendment to 2024 Farm Bill Draft Would Affect Intoxicating Hemp-Derived Products

Published on: May 31, 2024

A recently added amendment to the 2024 Farm Bill would significantly impact intoxicating hemp-derived products.

In late May 2024, the US House Committee on Agriculture voted to approve an amendment to the draft of the 2024 Farm Bill (1). The previous Farm Bill, last approved in 2018, had defined and legalized hemp-derived products, as long as the hemp plant contained less than 0.3% tetrahydrocannabinol (THC) (1). These products are part of a $28 million industry (2).

Illinois Representative Mary Miller submitted the amendment to the bill, one that, “changes the definition of hemp in the Agricultural Marketing Act of 1946 to only include naturally occurring, naturally derived, and non-intoxicating cannabinoids” (3). Miller voted yes on the bill, which passed (3,4).

Essentially, hemp-derived products containing intoxicating cannabinoids, including Delta-8-THC, hexahydrocannabinol (HHC), and THC-O, would become illegal (2).

In a press release dated May 24, 2024, Representative Miller stated (4): “Over the past year, the House Agriculture Committee diligently laid the groundwork for a robust Farm Bill that supports producers by ensuring a strong agriculture safety net. Today, the committee passed a five-year Farm Bill that promotes trade, supports crop insurance, and protects the farm safety net. The final Farm Bill included my provision protecting fertile farmland from solar panels. I am also proud my amendment was included to close the loophole that has allowed drug-infused THC products like Delta-8 to be sold to teenagers in packaging that looks like candy. We must stop teenagers and children from being exposed to addictive and harmful drugs.”

In response, the nonprofit US Hemp Roundtable issued a news release on the passing of the amendment and bill (5). It noted that House Agriculture Committee Chairman G.T. Thompson had grouped the amendment with others and had issued a “voice vote” instead of a roll call vote (5). “Although we lost this battle, the war is far from over,” the news release stated. “The Farm Bill will be sent to the floor of the House where its passage this year seems unlikely. Even if the House should pass the Farm Bill, the differences between House Republicans and Senate Democrats are considerable at this point. And even if the major issues dividing the parties are resolved, we continue to have many friends in both branches on both sides of the aisle who will work with us to defeat this hemp-killing language.” The news release also included a call to action campaign urging members of Congress to vote against the bill unless the amendment is removed.

The Senate has not yet published its draft of the bill (2).

Restrictions on hemp-derived products have increased across the nation in recent months, including in states such as Iowa and Georgia. Additionally, in March 2024, 21 attorneys general sent a letter to Congress requesting action be taken in the upcoming reauthorization of the Farm Bill concerning the ambiguities that inadvertently allow for intoxicating hemp-derived cannabinoids (6). The letter noted the products’ potency, risk to youth, and the limited action that can be taken to contain their effects on safety, health, and the regulated cannabis markets. “The definition of hemp should be amended to clarify that there is no federal hemp intoxicants loophole, and the 2023 reauthorization should reaffirm that members of Congress do not intent to limit states in restrictions or regulations related to cannabinoids or any other derivatives of hemp which are deemed intoxicating,” the letter read.

References

Cummings, C. Farm Bill draft includes restrictions on hemp-derived THC products. What would it mean for Minnesota's market? https://www.cbsnews.com/minnesota/news/farm-bill-draft-restrictions-hemp-derived-thc-products-minnesotas-market/ (accessed May 31, 2024).
Sabaghi, D. House Committee Approves Farm Bill Amendment To Ban Delta-8 THC, https://www.forbes.com/sites/dariosabaghi/2024/05/24/house-committee-approves-farm-bill-amendment-to-ban-delta-8-thc/?sh=2104ebe09c4a (accessed May 31, 2024).
NORML, Federal: House Committee Approves Amendment Barring Production of Hemp-Derived Intoxicating Products, https://norml.org/news/2024/05/30/federal-house-committee-approves-amendment-barring-production-of-hemp-derived-intoxicating-products/#:~:text=The%20amendment%2C%20sponsored%20by%20Rep,result%20of%20a%20chemical%20synthesis. (accessed May 31, 2024).
Miller, M. Rep. Mary Miller Votes Yes On Farm Bill, Representative Mary Miller. https://marymiller.house.gov/media/press-releases/rep-mary-miller-votes-yes-farm-bill (accessed May 31, 2024).
URGENT: Hemp-Killing Amendment Filed for Farm Bill – Contact Your Member of Congress TODAY to defeat it. U.S. Hemp Roundtable. May 2024. https://hempsupporter.com/bill/urge-congress-to-vote-no-on-farm-bill-unless-hemp-killing-language-is-removed/ (accessed May 31, 2024).
Hult, J., Jackley among attorneys general to call on Congress to restrict ‘diet weed’ in next farm bill https://southdakotasearchlight.com/2024/03/27/jackley-among-attorneys-general-to-call-on-congress-to-restrict-diet-weed-in-next-farm-bill/ (accessed May 31, 2024).

Amendment to 2024 Farm Bill Draft Would Affect Intoxicating Hemp-Derived Products

Safeguarding Consumers in the Era of Intoxicating Hemp and Synthetic Cannabinoids: A GMP Collective Webinar