It’s ‘Unclear’ How Feds Will Enforce Hemp THC Product Ban, Congressional Researchers Say, Citing Limited FDA And DEA Resources

Congressional researchers say it “remains unclear” how the federal
government might enforce a newly enacted law that takes effect next year
banning hemp THC products—flagging concerns about a potential lack of
resources on the part of the Food and Drug Administration (FDA) and Drug
Enforcement Administration (DEA).

After President Donald Trump signed appropriations legislation late last
month that included language that effectively “reimposes” hemp
criminalization, the Congress Research Service (CRS) published an analysis
about the policy change on Wednesday.

“While the change to the hemp definition will seemingly alter the legal
status of many hemp products currently available on the market, it remains
unclear if and how federal law enforcement will enforce the new
prohibitions when the new definition goes into effect,” the researchers
said.

Part of the uncertainty around hemp is related to the federal approach to
marijuana, which has been legalized in some form in the vast majority of
states but remains federally illegal as a Schedule I drug under the
Controlled Substances Act (CSA).

“In marijuana’s case, the federal response has largely been to allow states
to implement their own marijuana laws despite the fact that state-regulated
activities may violate the [Controlled Substances Act],” CRS said. “If
intoxicating hemp products persist on the market after the change to their
legal status, it is possible they could be subject to the same criminal and
collateral issues as marijuana.”

The analysis added, however, that it “remains to be seen” whether FDA will
“pursue additional options to remove these [hemp] items from the market.

FDA and the Drug Enforcement Administration “may lack the resources to
broadly enforce the laws prohibiting intoxicating hemp products on the
market,” it said, adding that congressional lawmakers may also “choose to
exercise oversight over federal enforcement priorities regarding
state-regulated cannabis activities.”

FDA and DEA, “in coordination with the Department of Justice, have a range
of civil and criminal remedies they may use in efforts to exercise control
over these activities,” the report says.

Hemp was federally legalized under the 2018 Farm Bill that Trump signed
during his first term, with then-Senate Majority Leader Mitch McConnell
(R-KY) leading the push to end criminalization of the crop at the time. But
the senator has insisted that the policy change wasn’t intended to allow
consumable products with THC, so he’s been determined to close what he
describes as a “loophole” in the law.

Sen. Rand Paul (R-KY) attempted to remove the hemp ban language from the
spending bill Trump signed last month, but a majority of members voted to
table his amendment.

Industry stakeholders, advocates and lawmakers are stressing the urgency of
the situation. While the hemp ban won’t take effect until one year after
enactment, that still leaves little time in the congressional calendar to
reverse course or create an alternative regulatory framework for products
set to be banned.

Paul, meanwhile, said last month that he’ll soon file a bill to protect the
hemp industry from the impending hemp ban. And he also called out alcohol
and marijuana interests for allegedly “join[ing] forces” to lobby in favor
of the prohibitionist policy change, which will restrict access to a plant
and its derivatives that are often used therapeutically.

The senator said the forthcoming legislation would make it so state policy
regulating hemp cannabinoid products—with basic safeguards in place to
prevent youth access, for example—”supersedes the federal law.”

On the other end of the debate, Rep. Andy Harris (R-MD), who helped secure
the hemp re-criminalization language, said last month that he’s not
concerned about attempts to undercut the enacted law, brushing off
arguments about the possible consequences of the policy change as
“desperate mistruths from an industry that stands to lose billions of
dollars by selling intoxicants to children.”

Overall, there’s been widespread outcry over the pending hemp
re-criminalization law, drawing criticism from parents of cannabis patients
, veterinarians and influencers like Joe Rogan, for example.

In response to the hemp ban, Rep. Nancy Mace (R-SC) filed a bill that would strike
the contested provisions of the appropriations legislation. But some
stakeholders worry that approach could backfire, and they’re hoping to see
bipartisan bills introduced in he near future that would provide a robust
regulatory model for intoxicating hemp products as a viable alternative to
blanket prohibition.

Meanwhile, GOP political operative Roger Stone said last month that Trump
was effectively “forced” by Republican lawmakers to sign the spending bill with
the hemp THC ban language.

However, a White House spokesperson said prior to the bill signing that Trump
specifically supported the prohibition language.

The Democratic governor of Kentucky said last month that the hemp industry
is an “important” part of the economy that deserves to be regulated at the
state level—rather than federally prohibited, as Congress has moved to do.

Also, a leading veterans organization is warning congressional leaders that
the newly approved blanket ban on consumable hemp products could
inadvertently “slam the door shut” on critical research.

While many hemp stakeholders say the ban would effectively eradicate the
industry–even applying to nonintoxicating CBD products that people use for
medical reasons—there’s latent hope that they can strike a compromise deal
with lawmakers before the prohibition is implemented this time next year.

Lawmakers such as Sen. Chris Van Hollen (D-MD) also say that window could
provide an opportunity to advance legislation to create an alternative
regulatory model for consumable hemp products.


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Since 2018, cannabis products have been considered legal hemp if they
contain less than 0.3 percent delta-9 THC on a dry weight basis.

The new legislation specifies that, within one year of enactment, the
weight will apply to total THC—including delta-8 and other isomers. It will
also include “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).”

The new definition of legal hemp will additionally ban “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 containing cannabinoids that are synthesized or
manufactured outside of the cannabis plant or not capable of being
naturally produced by it.

Legal hemp products will be limited to a total of 0.4 milligrams per
container of total THC or any other cannabinoids with similar effects.

Within 90 days of the bill’s enactment, the Food and Drug Administration
(FDA) and other agencies will need to publish list of “all cannabinoids
known to FDA to be capable of being naturally produced by a Cannabis sativa
L. plant, as reflected in peer reviewed literature,” “all
tetrahydrocannabinol class cannabinoids known to the agency to be naturally
occurring in the plant” and “all other known cannabinoids with similar
effects to, or marketed to have similar effects to, tetrahyrocannabinol
class cannabinoids.”

The language slightly differs from provisions included in legislation that
had previously advanced out of the House and Senate Appropriations panels,
which would have banned products containing any “quantifiable” amount of
THC, to be determined by the HHS secretary and secretary of agriculture.

The post It’s ‘Unclear’ How Feds Will Enforce Hemp THC Product Ban,
Congressional Researchers Say, Citing Limited FDA And DEA Resources
appeared first on Marijuana Moment.