Congress Changes Hemp Laws

Hello,

Congress in their wisdom has decided to recriminalize almost all forms of hemp.  As you may recall. hemp and hemp products were made legal by the passage of the 2018 Farm Bill.  One effect of the bill is to ban most hemp products that contain THC and other hemp-derived cannabinoids.  See the entire bill here https://www.congress.gov/bill/119th-congress/house-bill/5371/text

The legislative language requires, among other things, that upon the one-year anniversary of its enactment, (November 13, 2026) the definition of “hemp” will change to encompass total THC—including delta-9, delta-8, and other isomers, plus “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services.)” To be considered legal at that time, hemp cannot exceed 0.3% of all THCs (inclusive of other cannabinoids with similar effects), and hemp products will need to be limited to a total of 0.4 milligrams per container of such THCs or other similar cannabinoids. The possession, transfer, purchase, and sale of any product exceeding those limits may result in criminal liability under applicable Federal law.

In addition, it criminalizes “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use” as well as products that are produced following chemical synthesis, such as those high in delta-8 THC content.

Although delta-8 THC occurs organically in the cannabis plant, it is typically only produced in nominal quantities. By contrast, the elevated amounts of delta-8 THC present in commercially available products are typically the result of a chemical synthesis during which manufacturers convert hemp-derived CBD to delta-8 THC.

While the revised language is not explicitly intended to target hemp-derived CBD products marketed as non-intoxicating products, some industry advocates fear that these products will also ultimately be banned by the legislation because many of them contain trace levels of THC.

One good thing that has come about as a result of the “hemp ban” is that the hemp industry and the recreational cannabis industry are now talking about sensible regulations for all aspects of the cannabis plant.  Regulations that include accurate testing for potency and safety, safe production processes, accurate labeling and age restrictions on purchases.  We highly recommend all cannabis business owners and consumers contact your senators and representatives to provide your perspective.

If you want more information on how the changes may affect your business, gives us a call to make an appointment.