A controversial last-minute provision to heavily restrict hemp-derived products is threatening to derail a crucial US federal spending bill, potentially prolonging the government shutdown.
Republican Rebellion Over Hemp
The proposed legislation, which could end the government shutdown as early as Wednesday, faces opposition from Republican lawmakers objecting to measures that would effectively ban many hemp products. Kentucky representatives James Comer, Thomas Massie and Andy Barr have all spoken out against the ban, creating significant hurdles for the bill's passage.
With 219 Republican House members and the bill requiring 218 votes to pass, the Kentucky trio's opposition could prove decisive. Representative Massie expressed strong disapproval, stating he "detests the tactics that are being used to try to get the ban enacted into law."
Industry Impact and Political Maneuvering
The provision, revealed at what industry advocates call the "eleventh hour", would criminalise products containing more than 0.4 milligrams of total THC per container. According to Jonathan Miller, former Kentucky state treasurer and hemp industry advocate, this threshold would eliminate approximately 95% of current hemp products.
Miller revealed that Congress has been considering similar provisions for months, initially as part of the farm bill and later in last year's spending bill. Senator Rand Paul successfully blocked the measure previously, but it has resurfaced in the current "minibus" spending package covering multiple sectors including agriculture.
The 2018 farm bill only restricted hemp containing more than 0.3% delta 9 THC, allowing a legal market for various hemp products to flourish. The new provision would ban THC in all forms, including delta 8 THC and THCA, and could criminalise non-intoxicating CBD products containing trace THC amounts.
Market Consequences and Regulatory Concerns
Industry leaders warn that the proposed ban could have severe unintended consequences. Jammie Treadwell, CEO of Treadwell Farms, cautioned that "if sweeping restrictions move forward, it won't be the bad actors who disappear", advocating instead for science-based regulation.
Evan Eneman of Iconic Tonics described the situation as "destabilizing and unnecessary", criticising policy made "by omnibus surprise, rather than through open hearings".
The alcohol industry appears divided on the issue. While distributors supporting THC beverages favour regulation over prohibition, the American Distilled Spirits Alliance has backed the ban. Some manufacturers reportedly blame hemp products for declining alcohol consumption among American adults.
Despite the controversy, Miller remains optimistic about finding a solution, noting that the bill wouldn't take effect until a year after passage, providing time to replace the ban with proper regulations.
Cameron Clarke of Kanha predicted that politicians will ultimately have to respond to consumer demand, stating "Politicians don't typically lead consumer preferences; they follow consumer demands."
