The U.S. market for delta-8 THC and other hemp-derived cannabinoids is facing the possibility of a federal ban after House lawmakers approved an amendment targeting intoxicating hemp products to the federal Farm Bill, according to The Hill.
The amendment, proposed by Illinois Republican Rep. Mary Miller, establishes two distinct categories of legal hemp:
- “Hemp grown for cannabinoid extraction” — specifically, ““naturally, occurring, naturally derived and non-intoxicating cannabinoids,” and
- “Industrial hemp,” which covers material grown for non-cannabinoid-related purposes like fiber and food.
These definitions, however, depart significantly from the 2018 Farm Bill’s language, which legalized essentially all products sourced from hemp including delta-9 THC — the main intoxicating ingredient found in cannabis — and other intoxicating cannabinoids. The change, as written, would spell disastrous consequences for the $28 billion hemp product industry.
While the amendment has been added to the House’s version of the Farm Bill, it is not guaranteed to survive the politically divided body. The amendment would also need to be considered by the Senate.
The Hemp Roundtable said in the report the changes were “hemp industry-killing” and asked lawmakers to reject the Farm Bill until the amendment is removed.
Aaron Smith, co-founder of the National Cannabis Industry Association, called for “sensible federal regulations that apply equally to hemp- and marijuana-derived cannabinoid products.”
Earlier this year, 22 attorneys general asked Congress in a letter to restrict the hemp-derived cannabinoid market, arguing that the 2018 federal Farm Bill “unleashed… a flood of products that are nothing less than a more potent form of cannabis.”
Meanwhile, many states have already adopted policies restricting products that contain hemp-derived delta-8 THC and other intoxicating cannabinoids, including some states that already have their own regulated adult-use cannabis industries.
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