WASHINGTON ― The government funding bill set to pass the Senate this week, likely ending the longest government shutdown in U.S. history, would outlaw certain synthetic cannabinoid products derived from hemp.
Congress legalized hemp in 2018, and entrepreneurs soon found a way to make intoxicating products from hemp by extracting or synthesizing tetrahydrocannabinol, or THC, the psychoactive component of the cannabis plant.
Top law enforcement officials in several dozen states last month asked Congress to crack down, saying “hemp-derived THC products ― often more potent than marijuana ― have flooded the market due to a misinterpretation” of the 2018 law.
The crackdown could be coming. The government funding bill that the Senate started moving on Sunday would ban “hemp-derived cannabinoid products” and “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans” as a regular THC product.
The ban, which would not take effect for a year, is tucked into broader legislation that would end a seven-week government shutdown, which has disrupted air travel, threatened food assistance for millions and forced hundreds of thousands of government workers to work without pay. The hemp provision of the bill has not been a major focus, except among certain lawmakers, including Sen. Rand Paul (R-Ky.), who has pressed Senate Majority Leader John Thune (R-S.D.) for a vote on an amendment to strip the provision.
Paul said the bill will destroy the hemp industry.
“All the plants that have been created over the last eight years will be illegal. They’ll have to be destroyed. All the seeds that grow the plants will have to be destroyed,” Paul told HuffPost. “And 100% of the things sold as hemp, products that people eat, for sleep, anxiety, things like that, will all be illegal. It’s the most thoughtless piece of legislation you can imagine.”
Christopher Lackner, president of the Hemp Beverage Alliance, a lobbying group, said a ban on synthetic hemp would be devastating to the $30 billion industry.
“The harm that this is going to do for mom-and-pop entrepreneurs, small businesses and large businesses alike is going to be significant,” Lackner told HuffPost. “What this federal decision does is wipe away all of the efforts of these mom and pop businesses, these entrepreneurs, these farmers who are all told, in 2018, that this product is legal.”
In their letter to Congress, a bipartisan group of 39 state attorneys general called the hemp market unregulated, claiming it can be more potent than cannabis.
“These synthetic cannabinoids, including delta-8, delta-10, THC-O, and others, are being sold in gas stations, convenience stores, and online retailers across the country, frequently in packaging purposefully designed to appeal to children,” the attorneys general wrote.
Lackner disputed the characterization of the hemp-THC industry as unregulated, saying that multiple states have set up regulatory frameworks. He added that hemp drinks give adults an alternative to alcohol.
“Adult consumers are looking for something else to drink, and that’s shown in the market data that shows that beer and other alcoholic beverages are on decline,” Lackner said.
The National Organization for the Reform of Marijuana Laws, a group that has advocated for years for the end of cannabis prohibition, has sounded a cautious note about hemp-derived cannabinoids, saying in a 2021 report that not much is known about their long-term safety.
In a statement, NORML deputy director Paul Armentano said the federal prohibition on regular cannabis drives demand for the synthetic alternative.
“Consumers desire safe and affordable cannabis products. In jurisdictions where such products are not state-legal, use and demand for these unregulated alternatives is far greater than elsewhere,” Armentano told HuffPost in an email. “Lawmakers ought to recognize this reality and act in a way that provides greater expansion of and regulated access to legal cannabis markets, thereby reducing demand for these alternative products.”
Banning the hemp alternatives outright, Armentano said, “will likely fail to either reduce consumer demand for these products or increase consumer safety.”