One word and one number are the root of much of the USA’s woes in relation the proliferation of intoxicating hemp THC products. But a new attempt to rein the industry in could have nasty knock-on effects.
When hemp was legalised in the USA back in 2018 under President Donald Trump’s watch, this was the legal definition contained in the 2018 Farm Bill:
“Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
The focus on “delta-9” only was quite an oversight as tetrahydrocannabinols – intoxicating cannabinoids – come in different forms that can be produced by manipulating the non-intoxicating cannabinoid CBD — which hemp can be high in.
Last week, the House Appropriations Committee released the Fiscal Year 2026 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Bill. Among the key takeaways from the bill is this:
“Closing the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products, including Delta-8 and hemp flower, being sold online and in gas stations across the country.”
Under the Bill, the new definition would be:
“IN GENERAL.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total
tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis.”
Furthermore, the definition excludes cannabinoids that were synthesized or manufactured outside the plant.
What has set off alarm bells in particular is other wording that refers to “quantifiable” levels of THC or any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as determined by the Secretary of Health and Human Services in consultation with the Secretary Agriculture.
The Bill text is available here.
Jonathan Miller, General Counsel of the U.S. Hemp Roundtable, said this represents a “farmer-crushing, job-killing hemp ban”.
The organisation says the wording would mean the eliminating the vast majority of hemp-derived products currently sold nationwide, including most non-intoxicating CBD supplements that only contain trace amounts of THC.
“We are hopeful that this effort fails as it has in the past, but the U.S. hemp industry will be united in working together to defeat this misguided attempt to destroy a market that provides treasured health and wellness products to millions of American consumers and that has surged to $28.4 billion in revenues, creating 328,000 agriculture and retail jobs, with a $13.2 billion employment impact and $1.5 billion generated in state tax revenues,” said Mr. Miller.
Source link