A GOP congressman and the agriculture commissioner of Kentucky are imploring a key Republican senator who helped lead the push to initially federally legalize hemp before supporting the recriminalization of THC products to back a proposed two-year delay on the implementation of a policy that industry stakeholders say would upend the market.
As prohibitionists mount a pressure campaign in support of the forthcoming recriminalization of most hemp-derived cannabinoid products, Rep. James Comer (R-KY) and Kentucky Agriculture Commissioner Jonathan Shell are asking Sen. Mitch McConnell (R-KY) to join them in their fight to give hemp businesses more time to navigate the critical policy change that’s currently set to take effect in November.
“Kentucky has long been a national leader in hemp research, production, and innovation—leadership made possible in large part by your historic efforts to legalize industrial hemp at the federal level,” Comer—who also previously served as Kentucky’s agriculture commissioner—and Shell said in a letter sent to McConnell on Thursday. “Because of that leadership, Kentucky farmers invested responsibly in this emerging crop, built infrastructure, created jobs, and contributed to rural economic development across the Commonwealth.”
But that progress is being jeopardized under appropriations legislation President Donald Trump signed into law last year, with provisions that would redefine what constitutes legal hemp in a way that would wipe out the consumable cannabinoid product by imposing severe restrictions on THC content.
“The provision included in the November [continuing resolution] has introduced significant uncertainty into the marketplace at a critical moment,” the congressman and commissioner wrote. “Hemp is an annual crop, and farmers are making decisions now about seed, worker contracts, financing, and acreage for the upcoming growing season. Without additional time and clarity, many Kentucky producers face the risk of planting decisions that could jeopardize the longterm viability of their farms.”
The two urged McConnell to throw his support behind a standalone bill sponsored by Rep. Jim Baird (R-IN) and 24 bipartisan cosponsors that would give the hemp industry two more years before the federal ban on THC products would take effect, which stakeholders hope will better position them to negotiate a broader compromise with lawmakers.
Baird’s bill “would not resolve the broader policy questions surrounding hemp, but it would provide farmers, processors, and regulators with the certainty needed to plan responsibly while Congress considers a durable, well-informed path forward,” Comer and Shell wrote. “This additional time is essential to avoid unintended consequences for family farms and rural communities that have acted in good faith under existing federal and state law.”
“We respectfully ask that you allow space for this extension to move forward and help ensure that Kentucky’s farmers are not placed at a disadvantage through abrupt policy changes,” they said. “Doing so would reaffirm Kentucky’s leadership in agriculture and honor the commitment made to producers who answered the call to grow this crop.”
Whether McConnell will follow through on the officials’ request is yet to be seen. While he championed hemp legalization under the 2018 Farm Bill that Trump signed during his first term, the former Senate majority leader has supported unraveling the hemp THC market that he’s described as an unintended consequences of the broader agriculture legislation.
But hemp stakeholders are nonetheless encouraged by the proactive advocacy from the Kentucky officials.
“This letter adds two important and influential voices to the growing chorus of agricultural leaders in Kentucky who are begging Sen. McConnell to reconsider his draconian effort to destroy hemp as a viable crop for Kentucky farmers,” Jim Higdon, cofounder and chief communications officer of the Kentucky-based Cornbread Hemp, told Marijuana Moment. “By implementing a two-year extension, stakeholders can work with Congress to find meaningful solutions to Sen. McConnell’s reasonable concerns without destroying the entire industry.”
Meanwhile, anti-cannabis interests are calling on their supporters to keep up pressure on Congress to maintain the THC ban without delay.
“Congress took an important step to protect youth last year when it enacted new restrictions on intoxicating hemp products, but it is critical that these new rules are implemented without delay,” the Partnership to End Addiction (formerly the Partnership for a Drug Free America) said in a recent action alert.
“Some members of the industry and of Congress are pushing to delay implementation of this law, claiming that additional time is needed to develop regulations,” the group said, adding that an “extension of the implementation timeline could be included in the Farm Bill reauthorization Congress is currently working on.”
To that end, the House Agriculture Committee is scheduled to mark up the latest Farm Bill at a hearing on Monday.
“But a one-year implementation period is reasonable, providing time for manufacturers and retailers to adjust and for regulators to prepare for enforcement,” the Partnership said. “A delay would further entrench the market and allow continued availability of dangerous products, leading to more youth exposure and negative health consequences.”
“Send a letter to your members of Congress urging them to oppose efforts to delay implementation of the new hemp definition and maintain the effective date of the law to minimize the harm these intoxicating products can pose, particularly for youth,” it said, providing a form to submit a pre-written letter to congressional representatives.
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Meanwhile, last month, major alcohol retailers came together to encourage Congress to delay the enactment of the law Trump signed that will federally recriminalize hemp-derived THC beverages and other products.
The coalition says it wants to apply the same regulatory structure that governs beverage alcohol producers, distributors and merchants to hemp drinks “to ensure safe, transparent access.”
Other alcohol industry groups such as Wine & Spirits Wholesalers of America have also backed regulating hemp products instead of prohibiting them.
Read the letter from Comer and Shell on delaying the federal hemp THC ban below:
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