BY RUTH HILL R.N.
Previous articles by Cannabis Corner, explained the loophole in the 2018 Farm Bill that allows hemp-derived intoxicating cannabinoids to flood the market. The Miller amendment proposed by Rep. Mary Miller, R-Ill., would close the “loophole,” making the intoxicating hemp-derived cannabinoid market illegal. The proposed amendment arbitrarily changes the current congressionally written definition of hemp to include only components of the Cannabis sativa L. plant and all derivatives, including extracts, and seeds that include less than 0.3% total THC (including THCA) on a dry-weight basis, and to exclude cannabinoids that are not capable of being naturally produced in the cannabis plant.
Hemp industry advocates say the effect of the proposed language could be a ban on virtually all non-intoxicating CBD products as well, as most on the market contain at least trace levels of THC, consistent with the Farm Bill definition of hemp that allows for up to 0.3 percent THC by dry weight. The amendment would shutter what has become a multibillion-dollar market in the U.S.
It was Congressional members from the State of Kentucky that initially included hemp language in the 2014 and 2018 Farm Bills. After all, Kentucky has a rich history with hemp. This strong showing from the Kentucky delegation will undoubtedly send a signal to one of the original authors of the 2014 and the 2018 Farm Bills, fellow Bluegrass State stalwart, Senator Mitch McConnell (R-KY). This is important because the House committees at some point work its way through the Senate as well. And the current Senate has remained largely agnostic concerning the 2024 Farm Bill’s treatment of hemp, but perhaps this clear message from fellow Kentucky leaders will embolden McConnell to work with the industry, rather than take extreme steps to destroy it by banning such a wide swath of hemp products (as proffered in the Miller Amendment language)?
New Amendments to the Farm Bill
Representative Morgan McGarvey (D-KY) introduced an amendment (in the House Agriculture Appropriations Committee) that would strike the language limiting the production of hemp products from the bill (Amendment 55). In a ‘belt and suspenders’ approach, McGarvey also offered another amendment (Amendment 56), which reaffirmed the authority of states to set their own laws on the production, manufacture, and sale of hemp products. In other words, McGarvey proposed to expressly reference the fact that numerous states have already enacted such laws, and that other states would be free to follow suit.
American farmers and small businesses received a ‘shot in the arm’ because of these new amendments to the Farm Bills. Any attempts to either reverse that progress or re-criminalize hemp-derived products appear to be falling flat in the eyes of many House members at present.
Amendment 55 was quickly noticed and co-sponsored by several other representatives, receiving support from fellow Kentucky delegates, including Thomas Massie (R-KY), James Comer (R-KY), Andy Barr (R-KY); and it also received support from Mark Pocan (D-WI) and Nancy Mace (R-SC). Mace went so far as to offer a strike-all amendment to Section 760, which has gained bipartisan support. This amendment (Amendment 74) also received support from Massie, Comer, Barr, and McGarvey. Cannabis Corner encourages everyone to reach out to their elected officials and ask them to support regulated hemp.
California Bill AB 2555
The high cost of medical cannabis, particularly its taxation, has made it impossible for many patients who are financially challenged to obtain a sufficient and steady supply of their medicine. SB 34 (Weiner, 2019), exempted cannabis donated to financially challenged patients from taxation. Provisions of that law will expire in March of 2025, and must be renewed, in order to continue to supply needy patients with cannabis. AB 2555 would keep these critical donation programs in place.
Action Network has a link on its webpage making it easy to send a letter to your California Senator to support AB2555. It is scheduled for a hearing on August 5th. Cannabis Corner encourages you to support hemp derived cannabinoids and compassionate use of medical cannabis.
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