Republican disquiet over hemp ban threatens passage of bill to end shutdown

A last-minute provision in the federal spending bill heavily restricting hemp-derived products such as CBD and THC drinks could lead some Republicans to vote against the spending bill which, if passed, could end the government shutdown as early as Wednesday.

Kentucky is one of the largest producers of hemp in the country, and Republicans in the state have shown strong support for the hemp industry. Jonathan Miller, an advocate for the hemp industry and former Kentucky state treasurer, said that “Kentucky is really ground zero for the rebirth of hemp” – a niche industry until the 2018 farm bill allowed a much wider variety of legal products.

On Monday night, Kentucky senator Rand Paul broke with the Republican party and voted against the bill because of the hemp provision, which was revealed at the 11th hour and which Paul tried unsuccessfully to have removed.

Miller said Congress has been batting around provisions to ban hemp for months.

“First it was as part of the farm bill, and later was part of last year’s spending bill,” Miller said. Paul successfully had the provision blocked before it found its way back into the bill. “Fast forward to November, and the deliberations behind the scenes of the appropriations bill [mean the hemp provision] has been added to the minibus” – the addition concerning spending over various sectors, including agriculture.

Senator Mitch McConnell and Congressman Andy Harris were instrumental in adding the provision, Miller said.

The current version of the provision “criminalizes any product that has more than .4 milligrams of total THC per container. That’s basically zero. 95% of hemp products have more than .4 milligrams,” Miller said.

The 2018 farm bill’s only restriction on hemp was that it contain less than 0.3% delta 9 THC. The new provision would ban THC in all forms, including delta 8 THC and THCA, which are common in hemp products, and would also criminalize non-intoxicating CBD products with trace amounts of THC, Miller said.

The bill will progress to a House vote as early as Wednesday, and needs 218 votes to pass. There are 219 Republican House members, but Kentucky representatives James Comer, Thomas Massie and Andy Barr have all spoken out against the ban.

Massie said, according to Louisville Public Media: “I detest the tactics that are being used to try to get the ban enacted into law.”

The alcohol industry has been divided in its lobbying for the provision. Alcohol distributors, who also distribute THC beverages, wrote a letter calling for regulation rather than an outright ban, while the American Distilled Spirits Alliance supported the ban.

Miller said that although distributors want to continue to profit from THC beverages, some alcohol manufacturers blame hemp for the recent decline in alcohol consumption among US adults.

Hemp industry leaders are worried the ban will simply turn the market over to unregulated manufacturers.

“If sweeping restrictions move forward, it won’t be the bad actors who disappear,” said Jammie Treadwell, CEO of Treadwell Farms, a hemp manufacturer, adding “Instead, we need thoughtful, science-based regulation”

Evan Eneman, CEO of Iconic Tonics, which makes hemp-derived products, said the whiplash around the provision is “destabilizing and unnecessary”.

“Policy made by omnibus surprise, rather than through open hearings, invites unintended harm and fuels the very unregulated, unsafe market lawmakers claim to oppose,” he said.

The unregulated hemp market has led to problems with heavy metal, contaminants and under-age consumption.

“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,” said Miller, who expects the bill to pass.

Cameron Clarke, CEO of Kanha, which makes edibles for the regulated cannabis industry and the hemp market, said in the end, he expects politicians will have to cave to consumer demand for hemp products one way or another.

“Politicians don’t typically lead consumer preferences; they follow consumer demands,” he said.