Senators Clash Over Hemp Regulation in Government Funding Bill

The future of the U.S. hemp industry is under scrutiny as Kentucky Senators Mitch McConnell and Rand Paul debated a controversial provision in government funding legislation aimed at regulating hemp products. This provision, part of a larger appropriations bill designed to end a government shutdown, has raised alarm among hemp growers and retailers across the country.

The appropriations bill, which is expected to be voted on by the House shortly, includes measures to eliminate the unregulated sale of intoxicating hemp products, particularly those containing Delta-8 THC. This substance, derived from hemp, has surged in popularity but is associated with concerns regarding safety and marketing practices, particularly towards young consumers.

During the Senate discussions, McConnell argued that the new regulations are necessary to close loopholes exploited by companies that transform legal THC amounts from hemp into intoxicating products. He stated, “Unfortunately, companies have exploited a loophole in the 2018 legislation by taking legal amounts of THC from hemp and turning it into intoxicating substances.” His stance emphasizes the need for stricter regulations to prevent these products from being marketed to children and sold in accessible locations such as gas stations.

In contrast, Paul vehemently opposed the provision, asserting that it would effectively destroy the hemp industry as defined by current state laws. He claimed the new regulations would impose a 0.4 milligram per serving THC limit, which he argued would render nearly all existing hemp products illegal. “This is the most thoughtless, ignorant proposal to an industry that I’ve seen in a long, long time,” Paul stated.

The implications of this legislation extend beyond immediate regulatory constraints. States like Maine and Georgia, which have established higher THC limits for hemp products, would see their laws overridden. Paul noted that the bill would nullify current regulations in nearly two dozen states, which could have severe repercussions for local farmers and businesses.

While the Senate ultimately voted 76-24 to table Paul’s amendment, the debate highlighted the deep divisions within the Senate regarding hemp regulation. Democratic Senator Jeff Merkley joined Paul in calling for the removal of the provision, arguing that it jeopardizes the industry established through over a decade of legislative efforts. “The definition that is in this bill does far more than that, and it has to be fixed,” Merkley insisted.

The legislation has raised concerns among industry stakeholders, with Brian Swensen, Executive Director of Hemp Industry & Farmers of America, emphasizing the potential job losses associated with the new regulations. He warned that the proposed caps on cannabinoids threaten an industry that supports over 325,000 jobs. Swensen stated, “Congress is not listening to the industry they created — they’re dismantling an industry with over 325,000 jobs and driving consumers to an unregulated, unsafe, and untaxed black market.”

As the House prepares to vote on the appropriations bill, the future of the hemp industry hangs in the balance, with significant implications for both farmers and consumers. The outcome will determine how the U.S. manages its growing hemp market, which has become a vital part of the agricultural landscape since its legalization.