Rather than rush to ban hemp THC products to comply with a federal redefinition, states could keep their hemp cannabinoid regulations in place under a bipartisan proposal introduced in Congress this week.
Sponsored by Democratic U.S. Sen. Amy Klobuchar of Minnesota and Kentucky Republican U.S. Sen. Rand Paul, the Hemp Safety Enforcement Act would allow states to opt out of the federal ban that’s set to take effect in November.
Text of the bill was not immediately available, but the practical effect would be an approach to hemp THC products that’s similar to state-level cannabis legalization: Federal law is simply ignored.
It’s the latest signal that lawmakers in Washington are having second thoughts about the hemp ban that Trump signed into law in the late fall.
Starting this November, all hemp products with 0.4 milligrams of THC or more are no longer considered hemp under federal law.
Advocates say that bans most hemp products currently on the market.
In response, many states have redrawn their own rules to comply with the feds despite pleas from hemp farmers, manufacturers and retailers to keep their $28.3 billion industry alive.
Is Congress going to stop the federal hemp THC ban?
The bill is set to be considered by the Senate Agriculture Committee, where Klobuchar sits and where the long-awaited update to the 2018 Farm Bill will eventually be heard, according to Congress.gov.
While Arkansas Republican Sen. John Boozman – who last fall celebrated his vote in support of the hemp THC ban President Donald Trump signed into law – is the committee chair, Klobuchar is the ranking member.
The hope, Paul said in a video message Thursday, is that Klobuchar can convince the committee to tack on the opt-out language to the overall Farm Bill.
“It’s a cash crop, kind of like tobacco … and I think we ought to expand this,” said Paul, who added that the Kentucky state Legislature last year passed a law that regulated popular hemp THC beverages like alcohol.
That’s not dissimilar from how states – like Kentucky – handle medical or adult-use cannabis, both of which violate federal law.
“The state law would supersede the federal law, which is really the way it ought to be,” Paul said.
Can hemp THC regulations go in the next Farm Bill?
However, there are signs that such an approach could be a nonstarter in Congress.
On the House side, Pennsylvania Republican U.S. Rep. Glenn “GT” Thompson, the House Agriculture committee chair, has said that laws around hemp-derived cannabinoids aren’t in his committee’s jurisdiction.
Still, hemp advocates praised Paul for offering a solution.
“Senator Rand Paul has long been one of the industry’s most consistent and principled advocates, and his leadership is instrumental in advancing policies that reflect both the intent of the Farm Bill and the reality of today’s marketplace,” Thomas Winstanley, general manager of hemp retailer Edibles.com, said in a statement.
“This bill goes further in protecting the category than prior efforts, helping to safeguard consumer access, support American farmers and businesses and establish clear, enforceable standards for product safety and compliance.
“Just as importantly, it represents real momentum toward codifying federal policy ahead of the November legislative window,” he added.
“We can’t afford continued ambiguity. We need a durable framework that recognizes the legitimacy of hemp-derived products and provides a clear path forward.”
Also unresolved is how the looming hemp ban would conflict with the pilot program Trump announced via executive order that allows certain Medicare participants to be reimbursed for CBD treatments.
