Marijuana Reform Group Asks Congress To Keep Hemp THC Products Legal

A leading marijuana legalization advocacy organization is stepping up the pressure on Congress to reverse a scheduled ban on hemp THC products and institute a system of regulations as an alternative to criminalization.

“When it comes to public health and safety, regulation and education consistently yield better results than prohibition,” the Marijuana Policy Project (MPP) said in an action alert to its supporters this week, urging them to send letters to their members of Congress about the issue.

“The path forward to address real safety concerns is setting clear potency limits, testing and labeling standards, age restrictions, and keeping dangerous products out of the market—all while preserving consumer access to a market that has created over 225,000 jobs and generated at least $28 billion in tax revenue nationally to date,” the group said.

While some marijuana businesses see the federally legal hemp industry as a form of competition that unfairly has access to interstate commerce and have supported moves to federally recriminalize its products, MPP as an advocacy group is asking Congress to stop the planned ban while instead moving forward with comprehensive reform for all cannabinoids.

Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill that President Donald Trump signed during his first term in office. But late last year, the president signed new legislation containing provisions that redefined hemp to make it so only products with 0.4 milligrams of total THC per container would remain legal after November 12.

Now, however, under provisions included in a funding bill Trump signed last month, the effective date of the ban for most products is being pushed back to December 11 to give lawmakers more time to craft regulations for hemp derivatives. There is a carve-out, however, to allow the recriminalization on November 12 of synthetic cannabinoids “that are not capable of being naturally produced by a Cannabis sativa L. plant.”

The sample letter that MPP is asking its supporters to send to U.S. senators and House members says that “millions of Americans have benefited from access to these products” and that “creating a framework for regulations is the only viable path forward.”

“The current lack of regulatory guidance, including age-gating these products to adults 21 years old and over, on hemp-derived cannabinoids should be a legislative priority,” it says. “Congress needs to act to put sensible regulations in place that protect consumers and hold businesses accountable. But implementing a policy that would make 95% of the current hemp products on the market illegal is not just irresponsible—it will have devastating consequences for millions of Americans. Handing over this multibillion industry to the illicit market would be a blunder of enormous magnitude.”

MPP’s new action alert comes months after the group’s executive director said he thinks it is “unlikely” there would be “further moves from the federal government on the cannabis front under this Congress.”

On the other side of the debate, Community Anti-Drug Coalitions of America (CADCA) recently released an election guide that asks its supporters to press congressional candidates about their stance on hemp THC products.

Meanwhile, advocates for convenience stores recently discussed their views that the retail outlets are an ideal place to continue to sell hemp products under any new regulations that are enacted.

The pressure from industry and advocates comes as Members of Congress are debating how—and whether—the crop’s derivatives should be regulated as an alternative to prohibition.

Several Republican lawmakers recently spoke to Marijuana Moment about the kinds of rules they would like to see enacted to keep hemp THC products legal.

A number of lawmakers from both chambers and both parties have filed or are circulating a growing number of bills to prevent the scheduled federal recriminalization of hemp THC drinks and other products. Until now, none of those proposals have gained traction with congressional leaders.

For example, Reps. Beth Van Duyne (R-TX) and Greg Landsman (D-OH) filed a bill to keep hemp THC drinks legal while taxing and regulating them like alcohol.

Rep. James Comer (R-KY), who chairs the House Oversight and Government Reform Committee, is circulating legislation that would delay a planned federal ban on hemp THC products and institute some regulations—including packaging requirements, testing rules and age limits.

Separately, Rep. Andy Barr (R-KY), filed a lengthier proposal to prevent the federal recriminalization of hemp THC products and put in place a number of regulations for manufacturing, labeling, sales and taxation of hemp-derived products, including an age limit of 21.

Trump and White House officials repeatedly pressed Congress to delay, alter or reverse the ban in recent months.

In a letter to House Speaker Mike Johnson (R-LA) in June, for example, White House Office of Management and Budget (OMB) Director Russell Vought said the Trump administration wants lawmakers to “ensure the fair treatment of hemp products”—specifically citing Barr’s earlier amendment to keep many hemp products legal while adding regulations and taxes.

The administration “welcomes the opportunity to work with the Congress to, at a minimum, update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products,” OMB separately said in June, “while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”

Also in April, the president himself urged congressional lawmakers to again redefine hemp to avoid recriminalization of full-spectrum CBD products.

“I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks,” Trump said in a Truth Social post.

“We must get this done RIGHT and FAST, especially for those who saw that CBD helps them,” he said. “Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for.”

Industry advocates say that the law as enacted last year not only threatens to prohibit intoxicating and synthetic cannabinoid products but also stands to remove popular full-spectrum CBD products that many Americans use therapeutically from the market.

“ONE in FIVE adults used it in the past year, and many say it improved their chronic pain enormously,” the president said in his social media post, adding that hemp-derived CBD “has made a HUGE difference for so many people.”

He also referenced a new initiative the administration launched in April to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients. The program being implemented by the Centers for Medicare & Medicaid Services (CMS) focuses largely on CBD but also allows products to have up to 3 milligrams of total THC per serving. A federal judge granted the government’s motion to dismiss marijuana legalization opponents’ lawsuit challenging the initiative, but that is being appealed.

“In December, I signed a very important Executive Order calling for Research and Innovation for Hemp-derived CBD,” Trump said. “Our wonderful Dr. Mehmet Oz moved fast to follow the directive in the Executive Order, and launched a model for some Seniors earlier this month. But more must be done!”

“Please get it done, and SOON,” the president said in reference to a congressional fix for the broad recriminalization set to take effect in November. “Thank you for your attention to this matter!”

Some members of the alcohol industry have also urged Congress to regulate, rather than ban, hemp products.

The National Restaurant Association recently sent a letter urging congressional leaders to delay the federal recriminalization of hemp THC beverages and replace it with a regulatory framework that “ensures consumer safety while meeting growing market demand” for the products as an alternative to alcohol.

Major retailer Target, meanwhile, recently moved to expand its sales of hemp THC drinks into more states.

Photo courtesy of Brian Shamblen.