Minnesota Governor Is ‘Exploring’ How To Address Impending Federal Hemp THC Ban That Would Disrupt ‘Thriving Industry’

The governor of Minnesota says the state is “exploring” how to respond to
an impending federal ban on hemp THC products, which would be “very
disruptive” to a “thriving industry.” And a top GOP congressional lawmaker
from the state is also reviewing options to “support consumers and provide
industry stability.”

At a press conference on Wednesday, Gov. Tim Walz (D) was asked about the
recent enactment of a spending bill that contains provisions to prohibit
most hemp-derived cannabinoid products, which is set to take effect next
November. Minnesota has been a focal point of the debate, as it was among
the first states to establish comprehensive regulations for hemp beverages
and edibles.

“We’re exploring it,” Walz said. “This was a surprise to everyone that this
would be in there. I think we have a thriving industry. While it’s new,
we’re starting to see now that our regulatory process and everything
around—and this is, of course, on the cannabis side of things, but
hemp-adjacent—where we’ve had the opportunities” to roll out a legal
program.

“It’s very disruptive. So I think at this point in time, we certainly
welcome that industry. We welcome the work that had been done,” the
governor said. “And listening to the folks who are in this, this came out
of left field to them. [They were] unprepared for it, and I think we’re
still trying to understand what that means.”

At the congressional level, Majority House Whip Tom Emmer (R-MN) said last
week that he had a “good discussion” about “Minnesota’s hemp economy” with
a state lawmaker, Rep. Nolan West (R), amid the pending ban.

“We’re working on ways to support consumers and provide industry stability,
while holding bad actors accountable,” Emmer said.

Meanwhile, several Minnesota congressional Democrats said last week that they’re
committed to preventing the collapse of the hemp industry after lawmakers
passed the appropriations legislation banning the sale of most consumable
THC products, stressing the need to “fix it” before recriminalization takes
effect next year and laying out opportunities to achieve that.

At a press conference last week, Sens. Amy Klobuchar (D-MN) and Tina Smith
(D-MN), along with Rep. Ilhan Omar (D-MN), addressed the pending hemp
prohibition, which they said should be corrected by replacing that policy
with a regulatory framework similar to what Minnesota has implemented at
the state level to prevent youth access and ensure product safety for
adults.

Hemp was federally legalized under the 2018 Farm Bill that President Donald
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.

Minnesota congressional Democrats are committing to preventing the collapse
of the hemp industry after lawmakers passed a now-signed spending bill
banning the sale of most consumable THC products, stressing the need to
“fix it” before recriminalization takes effect next year and laying out
opportunities to achieve that.

And according to one lawmaker, it’s not just Democrats who understand the
urgency to prevent the outright ban. A key GOP leader in the House is also
“amenable” to advancing an alternative policy solution, she said.

At a press conference on Monday, Sens. Amy Klobuchar (D-MN) and Tina Smith
(D-MN), along with Rep. Ilhan Omar (D-MN), addressed the pending hemp
prohibition, which they said should be corrected by replacing that policy
with a regulatory framework similar to what Minnesota has implemented at
the state level to prevent youth access and ensure product safety for
adults.

Klobuchar, the ranking member of the Senate Agriculture Committee, called
this a “pivotal moment for many farmers, workers and small business owners
who have built our state’s successful hemp industry.”

The senator touted the fact that she helped secure language in
appropriations legislation that provides grant funding for the University
of Minnesota to explore novel ways to utilize hemp for industrial purposes
such as construction materials and pet bedding. At the same time, however,
she said consumables like cannabinoid-infused beverages represent a
“critical” component of the state’s economy that’s “creating jobs” and
should be protected from federal interference.

“We are in a good position to try to do something to fix this,” she said.
“That’s not easy to say in Washington right now, but we may have a Farm
Bill that’s going to be coming through at some point. We’ll have other
vehicles where we can do something to fix this.”

“A one-size-fits-all federal ban punishes our state for doing it the right
way, while doing nothing to stop and regulate it or bad actors elsewhere,”
Omar, co-chair of the Congressional Cannabis Caucus who has been rallying
lawmakers to get behind the push for a hemp ban correction, continued.
“That is just unsensible policy, and it encapsulates everything wrong with
the current GOP-controlled Congress.”

Omar also said her office has also reached out to Republican offices within
the Minnesota delegation and she conveyed that Emmer “understands just how
much the industry is vital to the economy of Minnesota, so he’s much more
amenable than the others.”

Hemp was federally legalized under the 2018 Farm Bill that President Donald
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 earlier this 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 week 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.”

Meanwhile, Minnesota’s Democratic top prosecutor, Keith Ellison, was one of
39 state and territory counterparts who sent 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, in
part by arguing that states with regulations in place for cannabinoid
products like Minnesota should not have to worry about hemp entering their
market from unregulated, out-of-state operators.

On the other end of the debate, Rep. Andy Harris (R-MD), who helped secure
the hemp re-criminalization language, said last week 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 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 earlier this 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 Minnesota Governor Is ‘Exploring’ How To Address Impending Federal
Hemp THC Ban That Would Disrupt ‘Thriving Industry’ appeared first on Marijuana
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