Hemp’s farm bill goals: Raised THC threshold, clearance as dietary supplement

Congress should encourage development of the hemp market by including provisions in the new farm bill that would allow the sale of hemp as a food additive and dietary supplement and raise the THC allowance for hemp plants, said the hemp industry on Wednesday. The 2018 farm bill legalized hemp, and its successor “could prove monumental for farmers and businesses,” said the industry in listing seven priorities.

Hemp initially attracted farmer interest as a potential new cash crop but has struggled to find its place as more states approve medical and recreational marijuana. Proponents say hemp is a versatile crop, with uses in food, feed, and fiber. Hemp production was worth $237 million in 2022, down 71 percent from 2021, as hemp plantings and prices fell, said a USDA report. Some 28,300 acres of hemp were planted in 2022; two-thirds of it was harvested.

After failing to pass a farm bill in 2023, lawmakers will try again this year. The hemp industry was the latest to refine its suggestions for the legislation.

“Congress and the federal government can grow the industry exponentially by adopting the seven legislative proposals before them,” said Patrick Atagi, chief executive of the National Industrial Hemp Council.

First on the list was federal regulation of hemp as a food additive and dietary supplement. The Food and Drug Administration said a year ago that a new regulatory framework was needed for products containing cannabidiol (CBD), which is derived from hemp. They are sold in a gray market at present, since they lack FDA approval.

The farm bill also should allow hemp plants to contain up to 1 percent THC at harvest, an increase from the current benchmark of 0.3 percent, said hemp groups. “Too often, factors outside of farmers’ control, such as climate and soil conditions, or even errors in sampling and testing, force farmers to destroy crops that minimally exceed the federal THC threshold.”

Other items on the priority list were clearing hemp seed for use in feed for “non-consumption animal species,” making more laboratories eligible to test hemp crops for THC content, and freeing growers of industrial hemp, harvested for its fiber and grain, from the background checks and testing protocols required for hemp grown for its CBD content.

“The hemp industry has faced continuous challenges in establishing a stable foundation since the full federal legalization of hemp brought about by the 2018 farm bill,” said Morris Beegle, head of We Are for Better Alternatives. “The absence of regulatory clarity from the FDA, along with the pandemic, has resulted in the elimination of thousands of operators and companies, causing the emerging industry to suffer billions of dollars in lost revenues and investment.”

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