Federal Spending Bill Includes Provisions to Prohibit Hemp-Derived THC Products 

Provisions in the federal spending bill will effectively recriminalize most
hemp-derived THC products, including those containing Delta-8. The Senate
Agriculture Appropriations text would exclude products that include THC
“synthesized or manufactured outside of” the cannabis plant with more than
0.3% of THC and “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.”

The bill also includes language outlawing products with more than 0.4
milligrams of THC, and THCA, and redefines hemp as “grown for the use of
the whole grain, oil, cake, nut, hull, or any other non
cannabinoid compound, derivative, mixture, preparation, or manufacture of
the seeds” and “grown for purposes of producing microgreens or other
edible hemp leaf products intended for human consumption that are derived
from an immature hemp plant that is grown from seeds that do not exceed”
0.3% THC.

The language is opposed by Republican Sen. Rand Paul (KY), who told Politico that
the provisions would “kill an entire industry” and that he would drag out
the passage of the bill to end the shut down if he doesn’t get
alternate language he supports into the legislation to end the government
shutdown.

The language has support from the American Trade Association of Cannabis
and Hemp (ATACH), who, in a statement, said the proposal “safeguards CBD
and industrial hemp and addresses the dangerous proliferation of
unregulated synthetic products.”

In a statement, ATACH Director of State Advocacy and Public Policy Chris
Lindsey said the language clarifies “Congress’ intent in the
2018 Farm Bill” and “clearly distinguishes between intoxicating and
nonintoxicating products, synthetic and natural products, and industrial
and consumer products.”

“Willful misinterpretation of the Farm Bill led to the proliferation of
unregulated synthetic THC products widely available for sale to minors,”
Lindsey said in a statement. “Industrial hemp and CBD would be explicitly
recognized and protected under federal law. Intoxicating hemp products
would continue to be available for sale through state cannabis and hemp
programs.”

Thomas Winstanley, executive vice president and general manager
for Edibles.com (part of Edibles Brands/Edible Arrangements), in a
statement, said “banning legitimate hemp products won’t stop bad actors, it
will only drive the market underground and further erode consumer safety.”

“Hemp was meant to be a stabilizer – a modern crop for a modern economy.
From Colonial America through World War II, hemp was a foundational
American crop, woven into the fabric of our economy and our identity,” he
said in the statement. “Now Congress faces a choice: repeat the mistakes of
prohibition or create a rational regulatory framework that ensures product
safety, protects consumers, and preserves the economic promise of hemp.”

The Senate on Sunday night advanced the funding bill on a 60-40 vote.