Hemp Restrictions in Spending Bill Could Threaten Its Passage

TL/DR –

A provision in the federal spending bill that restricts hemp-derived products like CBD and THC drinks may cause some Republicans to vote against the bill, possibly extending the government shutdown. The provision prohibits any product with more than 0.4 milligrams of total THC per container, essentially criminalizing the vast majority of hemp products. The bill is set to progress to a House vote, but several Kentucky Republicans have voiced opposition to the provision, as Kentucky is a significant producer of hemp in the US.


Republicans May Vote Against the Federal Spending Bill Due to the Hemp Restriction Provision

A late addition to the Federal spending bill may cause Republicans to vote against it, potentially delaying the end of the government shutdown. The provision puts heavy restrictions on hemp-derived products like CBD and THC beverages, upsetting many in the hemp industry, particularly in Kentucky — a leading hemp producer in the US.

Jonathan Miller, a former Kentucky state treasurer and a hemp industry advocate, described Kentucky as the “rebirth ground of hemp” following the 2018 farm bill’s wider legalization of hemp products. However, he expressed concern as the provision, unveiled at the eleventh hour, has been repeatedly proposed for months, appearing in previous farm bills and spending bills.

Kentucky Senator Rand Paul voiced his opposition by voting against the bill due to the restrictive hemp provision. Paul’s unsuccessful attempt to have it removed indicates the growing concern over it.

The provision proposes a near-total ban on THC in hemp products, including common forms such as delta 8 THC and THCA. It would also criminalise non-intoxicating CBD products containing trace amounts of THC. These changes would drastically impact a majority of the hemp market, with Miller stating that 95% of hemp products contain more than 0.4 milligrams of THC being targeted.

Despite the opposition from Kentucky representatives James Comer, Thomas Massie, and Andy Barr, the bill is set for a House vote and will require 218 votes to pass. All three have publicly criticized the ban.

Lobbying for the provision has divided the alcohol industry, with distributors calling for regulation rather than an outright ban. However, some alcohol manufacturers support the ban, blaming hemp for the recent decline in alcohol consumption among US adults.

Hemp industry leaders fear that the ban will only lead to a rise in unregulated manufacturers. Jammie Treadwell, CEO of Treadwell Farms, emphasized the need for “thoughtful, science-based regulation” instead of “sweeping restrictions”. Evan Eneman, CEO of Iconic Tonics, added that the unpredictability around the provision was “destabilizing and unnecessary”.

The unregulated hemp market has already resulted in issues with heavy metal contamination and underage consumption. Miller concluded by expressing hope for strong regulations instead of a ban, noting that the bill doesn’t take effect until a year after passage, providing time for amendments.


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