A forthcoming US hemp regulation bill, championed by Representative Andy Barr (R-KY), is encountering resistance from a varied coalition including segments of the alcohol industry, state-licensed marijuana businesses, and prohibitionist groups. The legislation, known in draft versions as the Lawful Hemp Protection Act, aims to establish a federal regulatory framework for hemp-derived products, particularly in light of an impending redefinition of hemp scheduled for November 12.
This redefinition, stemming from provisions in legislation signed by former President Donald Trump late last year, would alter the 2018 Farm Bill’s allowance for hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis. The new rule would limit legal products to those containing only 0.4 milligrams of total THC per container, a change that could recriminalize many existing hemp-derived products and impact the industrial hemp market, as previously reported by Hemp Gazette.
The Lawful Hemp Protection Act: Aims and Framework
Representative Barr stated during a meeting with the Hemp Industry & Farmers of America (HIFA) that his hemp regulation bill seeks to create “a regulatory and tax framework” that would provide “a durable legal pathway for this marketplace.” According to a transcript obtained by Marijuana Moment, Barr emphasized the need to prevent the recriminalization of hemp THC products, which he indicated would “jeopardize the existing crop that is in storage right now” and disrupt “future opportunities to cultivate this crop.”
The proposed legislation is designed to:
- Establish a clear regulatory framework for hemp-derived products.
- Create a level playing field with other similar products, especially in the adult beverage category.
- Ensure consumer safety and target age-appropriate consumers.
- Provide certainty for farmers within a mature marketplace.
The bill, as seen in draft versions by Marijuana Moment, would institute age limits and labeling requirements for hemp products, subject to Food and Drug Administration (FDA) oversight. Additionally, the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) would administer taxes on these products.
Diverse Opposition to Hemp Regulation
Barr identified several sources of opposition to the Lawful Hemp Protection Act.
Alcohol Industry Concerns
Producers of distilled spirits express “understandable concern about competition” from hemp-derived THC beverages, according to Barr. However, he noted that companies in the wholesale tier of the alcohol industry could be potential allies due to their interest in distributing cannabis beverages within a three-tier system.
Marijuana Industry Perspective
The congressman also highlighted opposition from the state-licensed marijuana industry, which views hemp-derived products as competition. Barr stated that this sector often seeks to confine the sale of such products to specialized dispensaries, a position he believes is not appropriate for the broader hemp-derived product industry.
Prohibitionist Stance
Traditional prohibitionist groups also oppose the bill, though Barr suggested they “may not be persuadable.”
White House and Congressional Engagement
The White House has engaged with Barr’s office regarding the pending legislation. White House officials, including Vince Haley, director of the Domestic Policy Council, and James Braid, assistant to the president for legislative affairs, provided feedback and draft legislative text. Their input aimed to address the statutory definition of final hemp-derived cannabinoid products, allowing access to “appropriate full-spectrum CBD products while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”
Former President Trump also recently urged congressional lawmakers to amend the scheduled hemp ban, suggesting it threatens to recriminalize full-spectrum CBD products and impact farmers, as reported in a Truth Social post.
Market Stability and Future Opportunities
Barr underscored the economic importance of industrial hemp, particularly for agricultural regions like Central Kentucky, which historically relied on tobacco production. He stated that industrial hemp and its derived products have created a significant marketplace and opportunities for farmers. The congressman also suggested that cannabis products could offer alternatives to prescription medications, particularly for military veterans dealing with conditions such as anxiety, sleep deprivation, or post-traumatic stress.
The Lawful Hemp Protection Act aims to provide stability and certainty, allowing the industrial hemp market to mature and thrive, thereby decreasing existing uncertainty in the law.
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
