Alcohol Industry Groups Push Congress To Ban Intoxicating Hemp Products—At Least Until Federal Regulations Are Enacted

A coalition of major alcohol industry associations is throwing its weight
behind a push to get Congress to ban intoxicating hemp products—at least on
a temporary basis before the federal government creates a “robust
regulatory framework” for the marketplace.

As lawmakers work to finalize appropriations legislation, they’ve felt
pressure on both sides of the hemp debate, with some interests endorsing
controversial proposals to outright prohibit intoxicating cannabinoids and
others that have called for a comprehensive regulatory approach that could
prevent significant economic fallout for the hemp industry.

A new letter from the American Distilled Spirits Alliance (ADSA), Beer
Institute (BI), Distilled Spirits Council of the U.S. (DISCUS), Wine
America and Wine Institute seems to promote a middle-ground solution—but
one the begins with a ban on hemp THC products as championed by Sen. Mitch
McConnell (R-KY) and Rep. Andy Harris (R-MD).

The letter, sent to congressional leaders on Tuesday, states that the
alcohol associations are aligned with a group of 39 state and territory
attorneys general who recently urged federal legislators to enact a ban on
the hemp items.

“Our respective organizations produce virtually all the beer, distilled
spirits, and wine available in every state and congressional district
across the country, representing some of the world’s most valuable consumer
brands,” the letter says.

“Unfortunately, the ambiguous language contained in the 2018 Farm Bill has
been manipulated and exploited by certain actors, fueling the rapid growth
of a largely unregulated market that is knowingly and willfully ignoring
the [Food and Drug Administration, or FDA] position that the addition of
intoxicating cannabinoids (like delta-8 THC and delta-9 THC) to food is
illegal,” it says.

“The rhetoric surrounding this issue is unfortunate,” the coalition said,
adding that “certain entities, including some within the beverage alcohol
space, claim that any effort to rein in the sale of highly intoxicating
hemp THC products is tantamount to ‘prohibition’ or a ‘ban’ that will
adversely impact industrial hemp farmers or even products that contain
non-intoxicating cannabidiol (CBD).”

Wine & Spirits Wholesalers of America (WSWA), a key player in the space, is
among those alcohol interests that have pushed back against the proposed
prohibition. WSWA also added a company that makes THC-infused drinks to its
membership roster for the first time in September.

While supporters of the restrictive hemp language that’s been proposed in
Congress have maintained that non-intoxicating CBD products would not be
impacted, the provisions that have materialized in recent months leave
ample room for interpretation and raise questions about the feasibility of
marketing cannabidiol with no traces of THC or other intoxicating
cannabinoids.

In June, WSWA called on Congress to dial back language in a House spending
bill that would ban most consumable hemp products, instead proposing to
maintain the legalization of naturally derived cannabinoids from the crop
and only prohibit synthetic items.

In the new letter, the other alcohol groups didn’t necessarily suggest that
the government should permanently ban intoxicating hemp products from the
market, however.

“Manufacturers of beverage alcohol, one of the most highly regulated
consumer products, urge Congress to act immediately to remove hemp-derived
THC products from the marketplace until a robust federal regulatory
framework is established,” they said. “We stand ready to work with Congress
and the Administration to enact regulations that protect consumers and
ensure a safe, orderly marketplace for these intoxicating products.”

There’s been a surge in congressional lobbying from major alcohol companies
and associations in recent months, with stakeholders aiming to influence
federal hemp laws that focus on THC beverages that many consumers are
turning to as beer and liquor alternatives.

Those lobbying on the issue include some of the signatories on this latest
letter to congressional leaders.

As Congress continues to navigate a path forward on funding legislation to
end an ongoing government shutdown, lawmakers are still at work attempting
to reach a deal on federal hemp laws—with one GOP senator telling Marijuana
Moment that multiple options are on the table, though it will ultimately
come down to what leadership wants.

Two GOP lawmakers—McConnell and Harris—have pushed aggressively for an
outright ban on hemp products containing THC. But others such as Sen. Rand
Paul (R-KY) have insisted that such a policy change would devastate the
industry. And Paul said recently he’d go so far as to hold up large-scale
spending legislation if a full ban was kept intact.

The senator also pushed back against the recent letter from the state and
territory attorneys general who implored Republican leaders to fully
prevent the marketing of intoxicating hemp products.

“Some of them came back from states that have completely legalized
marijuana, and they’re going to ban hemp? I mean, it’s just ridiculous,” he
said. “So they prefer people to use a much higher dose of THC from cannabis
than lower-dose hemp products. It doesn’t make any sense.”


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As far as legislative options go, Paul did put forward legislative language
recently to require a study and report on state regulatory models for hemp
that could inform future revisions to the federal law—rather than prohibit
sales altogether, as McConnell would have it.

In August, McConnell–who ushered in the federal legalization of hemp under
the 2018 Farm Bill–took to the Senate floor to criticize those who opposed
the ban, including Paul.

Meanwhile, Paul recently filed a standalone bill that would go in the
opposite direction of the hemp ban, proposing to triple the concentration
of THC that the crop could legally contain, while addressing multiple other
concerns the industry has expressed about federal regulations.

The senator introduced the legislation, titled the Hemp Economic
Mobilization Plan (HEMP) Act, in June. It mirrors versions he’s sponsored
over the last several sessions.

*Read the letter from the alcohol trade associations on federal hemp laws
below: *

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Products—At Least Until Federal Regulations Are Enacted appeared first on Marijuana
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