Understanding The THC Ban Hidden In Government Spending Bill
Understanding The THC Ban Hidden In The Government Spending Bill
On Nov. 10, the Senate approved a major government funding package that could reopen the federal government amid its historic shutdown. But tucked inside the bill is a controversial provision that would once again criminalize many hemp-derived intoxicating products, such as CBD and THC drinks, that were legalized under the 2018 Farm Bill. The clause has some Republicans split.
Sen. Rand Paul (R-Ky.) led a last-minute fight to remove the provision, threatening to delay the process unless the Senate agreed to vote on his amendment to strike the language. That vote took place on Monday but ultimately failed.
According to Politico, senators rejected Paul’s amendment by a wide 76–24 margin. Only Paul and Sen. Ted Cruz (R-Texas) voted in favor from the Republican side, joined by 22 Democrats.
Republicans share mixed views on the THC ban provision blocking the end of the government shutdown.
The amendment’s defeat cleared the way for final passage of the funding package, bringing Congress one step closer to ending the record-setting government shutdown. According to Politico, Paul stressed that his push wasn’t meant to stall the process, but to defend Kentucky’s fast-growing hemp industry.
“The bill, as it now stands, overrides the regulatory frameworks of several states, cancels the collective decisions of hemp consumers and destroys the livelihoods of hemp farmers,” Paul Rand said on the Senate floor before the vote. “And it couldn’t come at a worse time for America’s farmers. Times are tough for our farmers.”
According to The Cannabis Business Times, the Kentucky Department of Agriculture (KDA) licensed 970 hemp growers and 178 processors in 2020. Notably, those numbers dropped the following year. In a 2021 press release, the KDA announced it had licensed 445 hemp growers to cultivate up to 12,000 acres, along with 140 hemp processors and handlers, and 3.7 million square feet of greenhouse space for production. Of those 445 licensed growers, 130 held “storage only” licenses, allowing them to market hemp that had been grown in previous seasons, the release stated.
The debate followed months of tension between Paul Rand and top appropriators, including Sen. Mitch McConnell (R-Ky.) and Rep. Andy Harris (R-Md.), over whether to crack down on intoxicating hemp products that have flourished since 2018. The vote also forced senators to publicly weigh in on how the government should regulate THC and hemp products, a rare occurrence in recent years.
McConnell, who helped legalize hemp through the 2018 Farm Bill, has since shifted his stance. As reported by The Hill, McConnell believes that a “loophole” in the law allows companies to extract legal THC from hemp and turn it into intoxicating substances. He and other supporters argue that the industry operates without sufficient oversight and that the 2018 law failed to clearly distinguish between intoxicating and non-intoxicating hemp.
McConnell said the new measure will “keep the dangerous products out of the hands of children while preserving the hemp industry for farmers.”
On the Senate floor, McConnell also cited growing health concerns over hemp-derived products.
“While some may masquerade as advocates for hemp farmers, even sometimes threatening to hold up government funding over this issue, I’ll continue to work on behalf of Kentucky farmers while protecting our children,” McConnell said.
Supporters of the provision say it will help curb unregulated sales of intoxicating products while protecting non-intoxicating CBD and industrial hemp. But Paul and many in the hemp industry warn that the new restrictions would devastate the market.
“Every hemp plant in America will have to be destroyed,” Paul said. “Every hemp seed in America will have to be destroyed, and 100 percent of the hemp products that are sold will no longer be allowed to be sold.”
The House is expected to vote on the funding package as soon as Wednesday. If it passes, industry groups warn that the nearly $30 billion legal hemp market could disappear with the THC ban in place, The Hill noted.
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