A coalition of major alcohol industry associations is throwing its weight behind a push to get Congress to ban intoxicating hemp products—at least on a temporary basis before the federal government creates a “robust regulatory framework” for the marketplace.
As lawmakers work to finalize appropriations legislation, they’ve felt pressure on both sides of the hemp debate, with some interests endorsing controversial proposals to outright prohibit intoxicating cannabinoids and others that have called for a comprehensive regulatory approach that could prevent significant economic fallout for the hemp industry.
A new letter from the American Distilled Spirits Alliance (ADSA), Beer Institute (BI), Distilled Spirits Council of the U.S. (DISCUS), Wine America and Wine Institute seems to promote a middle-ground solution—but one the begins with a ban on hemp THC products as championed by Sen. Mitch McConnell (R-KY) and Rep. Andy Harris (R-MD).
The letter, sent to congressional leaders on Tuesday, states that the alcohol associations are aligned with a group of 39 state and territory attorneys general who recently urged federal legislators to enact a ban on the hemp items.
“Our respective organizations produce virtually all the beer, distilled spirits, and wine available in every state and congressional district across the country, representing some of the world’s most valuable consumer brands,” the letter says.
“Unfortunately, the ambiguous language contained in the 2018 Farm Bill has been manipulated and exploited by certain actors, fueling the rapid growth of a largely unregulated market that is knowingly and willfully ignoring the [Food and Drug Administration, or FDA] position that the addition of intoxicating cannabinoids (like delta-8 THC and delta-9 THC) to food is illegal,” it says.
“The rhetoric surrounding this issue is unfortunate,” the coalition said, adding that “certain entities, including some within the beverage alcohol space, claim that any effort to rein in the sale of highly intoxicating hemp THC products is tantamount to ‘prohibition’ or a ‘ban’ that will adversely impact industrial hemp farmers or even products that contain non-intoxicating cannabidiol (CBD).”
Wine & Spirits Wholesalers of America (WSWA), a key player in the space, is among those alcohol interests that have pushed back against the proposed prohibition. WSWA also added a company that makes THC-infused drinks to its membership roster for the first time in September.
While supporters of the restrictive hemp language that’s been proposed in Congress have maintained that non-intoxicating CBD products would not be impacted, the provisions that have materialized in recent months leave ample room for interpretation and raise questions about the feasibility of marketing cannabidiol with no traces of THC or other intoxicating cannabinoids.
In June, WSWA called on Congress to dial back language in a House spending bill that would ban most consumable hemp products, instead proposing to maintain the legalization of naturally derived cannabinoids from the crop and only prohibit synthetic items.
In the new letter, the other alcohol groups didn’t necessarily suggest that the government should permanently ban intoxicating hemp products from the market, however.
“Manufacturers of beverage alcohol, one of the most highly regulated consumer products, urge Congress to act immediately to remove hemp-derived THC products from the marketplace until a robust federal regulatory framework is established,” they said. “We stand ready to work with Congress and the Administration to enact regulations that protect consumers and ensure a safe, orderly marketplace for these intoxicating products.”
There’s been a surge in congressional lobbying from major alcohol companies and associations in recent months, with stakeholders aiming to influence federal hemp laws that focus on THC beverages that many consumers are turning to as beer and liquor alternatives.
Those lobbying on the issue include some of the signatories on this latest letter to congressional leaders.
As Congress continues to navigate a path forward on funding legislation to end an ongoing government shutdown, lawmakers are still at work attempting to reach a deal on federal hemp laws—with one GOP senator telling Marijuana Moment that multiple options are on the table, though it will ultimately come down to what leadership wants.
Two GOP lawmakers—McConnell and Harris—have pushed aggressively for an outright ban on hemp products containing THC. But others such as Sen. Rand Paul (R-KY) have insisted that such a policy change would devastate the industry. And Paul said recently he’d go so far as to hold up large-scale spending legislation if a full ban was kept intact.
The senator also pushed back against the recent letter from the state and territory attorneys general who implored Republican leaders to fully prevent the marketing of intoxicating hemp products.
“Some of them came back from states that have completely legalized marijuana, and they’re going to ban hemp? I mean, it’s just ridiculous,” he said. “So they prefer people to use a much higher dose of THC from cannabis than lower-dose hemp products. It doesn’t make any sense.”
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As far as legislative options go, Paul did put forward legislative language recently to require a study and report on state regulatory models for hemp that could inform future revisions to the federal law—rather than prohibit sales altogether, as McConnell would have it.
In August, McConnell–who ushered in the federal legalization of hemp under the 2018 Farm Bill–took to the Senate floor to criticize those who opposed the ban, including Paul.
Meanwhile, Paul recently filed a standalone bill that would go in the opposite direction of the hemp ban, proposing to triple the concentration of THC that the crop could legally contain, while addressing multiple other concerns the industry has expressed about federal regulations.
The senator introduced the legislation, titled the Hemp Economic Mobilization Plan (HEMP) Act, in June. It mirrors versions he’s sponsored over the last several sessions.
Read the letter from the alcohol trade associations on federal hemp laws below:
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