Republican lawmakers are caught in some serious conflict. This discord comes from a relatively new hemp provision in a spending bill meant to halt the government shutdown in its tracks. Senator Mitch McConnell and Congressman Andy Harris led the charge in putting this important provision in place. The bill suggests severe restrictions on hemp-derived products with an emphasis on CBD and THC-infused drinks. The backlash this would bring from Kentucky Republicans, the home of some of the largest hemp producers in the U.S., could kill the bill’s chances.
The true purpose of the hemp provision is to criminalize THC— tetrahydrocannabinol — in all its forms. It applies to delta 8 THC and THCA, both of which are widely available in many hemp products. Current legislation would make it illegal to sell any product containing more than 0.4 milligrams of total THC per container. Potential ramifications for the industry are dire, considering that at least 95% of hemp products are above this threshold. To add insult to injury, non-intoxicating CBD products that contain even the slightest bit of THC would be criminalized too.
Kentucky is a big player in the U.S. hemp market. Idled legislators from both parties remain fiercely loyal to the industry. Senator Rand Paul diverged from his Republican colleagues by voting against the bill due to concerns over the hemp provisions. Paul didn’t throw in the towel on getting these restrictions removed, though.
Today, the burgeoning hemp market lacks regulation entirely, resulting in major public health concerns. People have plenty of legitimate health concerns, from contamination with heavy metals to risks of underage consumption. Advocates for the burgeoning hemp industry, like hemp pilot program architect Jonathan Miller, claim that Kentucky is leading the way on hemp’s renaissance. He noted, “The good news, though, is that this bill doesn’t go into effect until a year after passage, so we have a year to try to fix this, and we’re hopeful to replace the ban with some strong regulations of these products.”
Worries about the impact of the hemp provision have already drawn rebuttals from the likes of Gov. Jammie Treadwell, CEO of Treadwell Farms, criticized the sweeping restrictions, stating, “If sweeping restrictions move forward, it won’t be the bad actors who disappear. Instead, we need thoughtful, science-based regulation.” Evan Eneman, the CEO of Iconic Tonics, referred to the provision as “destabilizing and unnecessary. Making policy by omnibus, rather than at public hearings, he cautioned, would risk creating unspecified, unintended consequences.
Leaving aside the possible consequences of the hemp provision, top Republican leaders are pushing for the spending bill’s passage. No threat to their agenda is as big as the dissent from within their ranks. The provision’s inclusion has sparked fury among some Republicans and it has threatened GOP support for the overall spending package.
Politicians very much know what consumers want in this rapidly evolving market. Cameron Clarke, CEO of Kanha, remarked on this dynamic: “Politicians don’t typically lead consumer preferences; they follow consumer demands.” The debate is far from over. Lawmakers are scrambling to find solutions to these concerns and get their spending bill down onto the floor.