Lawmakers Want Exemption From Federal Hemp THC Ban

There’s an effort underway to rally federal lawmakers representing
Minnesota to push the Trump administration to scale back a recently enacted
ban on hemp-derived THC by providing a carve-out for states that want to
regulate cannabinoid products, a Democratic congresswoman tells Marijuana
Moment.

But a GOP congressman who helped secure the ban that was signed into law
last week by President Donald Trump says 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.”

Rep. Ilhan Omar (D-MN), co-chair of the Congressional Cannabis Caucus, told
Marijuana Moment on Tuesday that she and other legislators are working to
see if they can secure “exemptions” from the ban “for states that have
already rolled out their hemp policies.”

“So much of our economy is already absorbing the hemp industry, and it’s
just going to be a tragedy for the industries that already exist in states
like Minnesota,” she said.

The congresswoman said that here office has been working to “gauge
interest” among colleagues from Minnesota about the possibility of signing
a letter to the Trump administration laying out their concerns with the
hemp policy change and making the case that states should be empowered to
set their own cannabis laws without federal interference.

Omar said that many Democrats voted against a motion to kill an amendment
to the appropriations legislation that Sen. Rand Paul (R-KY) sponsored in
hopes of striking the hemp language, which was championed by Sen. Mitch
McConnell (R-KY). There are also other Republicans “on this side of the
chamber, so we’ll see if we can get movement in that regard,” she said.

Asked whether the Cannabis Caucus is coordinating the effort, Omar said
she’s primarily speaking with members of Minnesota’s congressional
delegation, “because if we can move them, we can try to build a broader
coalition.”

“The states that are impacted have to speak up before the advocates get
involved,” she said.

Rep. Andy Harris (R-MD), who championed the ban along with McConnell, is
dead-set on ensuring that the prohibitionist policy is left intact.

“Federal law supersedes state laws on scheduled substances,” he told
Marijuana Moment. “We are going to limit an otherwise unregulated industry
that sells intoxicants to children.”

The federal hemp ban—which would set a THC limit on cannabinoid products so
low that many stakeholders say it would effectively upend the industry—has
been an especially hot topic in Minnesota, where lawmakers legalized
hemp-derived THC beverages and established a regulatory framework for such
products before the state legalized adult-use marijuana.

It took many by surprise when Minnesota’s Democratic attorney general,
Keith Ellison, joined 38 of his state and territory counterparts in a
letter to congressional leaders earlier this month that voiced support for
the hemp provisions of the spending bill Trump signed.

Ellison later defended his decision to sign that letter, saying that while
he supports the state’s marijuana laws—as well as “Minnesota’s THC edible
industry that follows state law”—the so-called “loophole” in federal hemp
statute puts his state at risk because it allows potentially non-compliant,
out-of-state cannabinoid products to enter Minnesota’s market.

Still, there’s been widespread outcry over the looming re-criminalization,
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) recently started
circulating 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 this week that
President Donald 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 week 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.

There were attempts by GOP lawmakers in both chambers to strike the hemp
prohibition provision. But the proposed amendments from Paul and Rep.
Thomas Massie (R-KY) did not make it into the final package.

Massie tried to revive the push in the House with his own amendment
mirroring Paul’s, but the prospects of its adoption were dubious at best,
as there was generally consensus within the Republican caucus that the
spending bill should advance without further modifications that could have
sent it back to the Senate.


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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.

Meanwhile, advocates are sharply criticizing congressional leaders for
advancing the spending bill ahead of Veterans Day that also omits
bipartisan provisions allowing U.S. Department of Veterans Affairs (VA)
doctors to recommend medical cannabis to patients in states where it’s
legal—even though the policy was approved by the full Senate and House
earlier this year.

*The LCB contributed reporting from Washington, D.C.*

*Photo courtesy of Brendan Cleak.*

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For States With Regulations appeared first on Marijuana Moment.