Proposed federal hemp-derived THC ban advances despite broad opposition

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A Republican-backed budget bill that includes a ban on hemp-derived THC and THCA flower advanced out of a House subcommittee on Thursday by a 9-7 party-line vote.

But the effort by U.S. Rep. Andy Harris, a Maryland Republican, to close a “loophole” created by the 2018 Farm Bill achieved a rare feat: It united advocates for the marijuana, hemp and liquor industries who believe the legislation is the wrong approach.

As MJBizDaily reported Wednesday, Harris’ proposal would redefine “hemp” under federal law to:

Account for tetrahydrocannabinolic acid, or THCA, to ban so-called THCA flower.
Remove novel cannabinoids “synthesized or manufactured outside the plant” such as THCP and delta-10 THC from the definition of hemp.

The 2018 Farm Bill, signed into law by President Donald Trump during his first term, has led to such products being sold across the country and online “under the false guise of being quote, USDA approved,” Harris said during opening remarks in committee, referencing the U.S. Department of Agriculture.

He also said that, “as many states have stepped in to curb these dangerous products from reaching consumers, particularly children, it’s time for Congress to act to close this loophole while protecting the legitimate industrial hemp industry.”

The bill advanced out of the Republican-controlled subcommittee with Democrats opposed.

The proposal now heads to the full Appropriations Committee, where it also must be approved before it can be sent to the full House floor and, if passed there, to the Senate.

The rise of intoxicating hemp-derived THC products created a rift between advocates for the marijuana and hemp industries. Hemp is not subject to the interstate commerce restrictions and federal taxation that hinder regulated marijuana businesses.

But lobbyists for the marijuana and hemp sectors agreed that Harris’ proposal goes too far and won’t solve the problem, Newsweek reported.

And a lobby for the liquor industry is also sounding the alarm.

The Washington, D.C.-based Wine & Spirits Wholesalers of America, which supports the sale of hemp beverages at liquor retailers nationwide, called the bill “overly broad” and ”troublesome,” according to Newsweek.

The liquor wholesalers pointed to recent regulatory action at the state level that caps the amount of THC in hemp drinks and requires age verification and other controls.

Harris’ bill “would undermine those state actions and do nothing to eliminate bad actors who irresponsibly market potentially harmful products,” the wholesalers told its constituents via email.

Harris’ approach is more in line with draconian proposals such as the bill currently being considered by Texas’ governor that critics say would destroy the state’s nearly $5.5 billion market for hemp products.

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