In true Washington Swamp fashion, this cannabis ban is not being debated on its own. Once again, Congress created a crisis, then conveniently used the crisis to implement new laws without debate.
What’s in the shutdown agreement to reopen the government?
Congress passed a funding deal to end the shutdown, which included back pay for workers and reopening the agency.
- A provision of a government funding bill threatens to shut down the marijuana industry.
- This bill would make almost all existing hemp products illegal by setting lower THC limits.
- Senator Rand Paul argues that this provision was added to a must-pass bill to avoid debate.
The funding bill to end the longest government shutdown in U.S. history wasn’t just a “yes” or “no” to reopening the government. The bill, on page 163, in Title VII, Division B, contained a provision to shut down the hemp industry. This erodes the regulatory framework adopted by many states, takes away consumer choice, and destroys the livelihoods of hemp farmers.
A worse time than this can never come for our farmers. Costs have increased while crop prices have declined. Farm bankruptcies are on the rise. For many farmers, hemp farming provided a lifeline. Hemp can be used in textiles, rope, insulation, composite lumber, paper, grains, and CBD products, and growing hemp helped farmers reduce losses during this season of hardship.
But that lifeline is about to end.
Nearly 100% of hemp products currently sold would be illegal
We’re told the justification for this marijuana ban is that some bad actors are violating legal limits by increasing the concentration of THC in their products. The hemp industry and I had already come to the negotiating table in good faith to discuss reforms that prevent “juicing” hemp products with purely synthetic cannabinoids of unknown origin.
Dozens of states already set age limits and set THC levels for such products. I have no objection to many of these reforms. In fact, during the conversation, I clearly stated that I would accept a federal ban on synthetic THC as well as reasonable limits per serving. Overall, my objective was to find a compromise that would protect consumers from bad actors while also allowing the hemp industry to thrive.
But a provision that was inserted into the government funding bill makes illegal any hemp product that contains more than 0.4 milligrams of THC per container. This will account for nearly 100% of the hemp products currently sold. This is so low that it takes away any benefit from existing products for managing pain or other conditions.
Hemp products – and plants – are being targeted
There is no reason to undo the progress made by states that have been regulating cannabis since legalizing it. Of the 23 states that explicitly allow the sale of hemp THC edibles and beverages, none have set limits lower than the 0.4 mg limit established by the bill.
For example, Kentucky, along with Minnesota, Utah, and Louisiana, limits THC to 5 milligrams per serving. Alabama and Georgia allow 10 milligrams per serving. Tennessee allows 15 milligrams per serving. Maine allows 3 mg per serving. These state laws would be superseded and eliminated by this new federal 0.4 mg ban.
For context, the illegal “juiced up” synthetic products this funding bill is reportedly targeting are approximately 50 to 100 milligrams.
Hemp products aren’t the only thing that is being targeted – it’s also the hemp plants themselves. This bill changes the current Farm Bill definition of hemp plants from .3 delta-9 THC to .3 Total THC. In other words, crops already in the land would be declared illegal. This will take away the investments of American farmers.
I will never stop advocating for hemp farmers and consumers
In true Washington Swamp fashion, this marijuana ban is not being debated on the merits. Instead, it is tied to a bill that must pass. Once again, Congress created a crisis, then conveniently used the crisis to implement new laws without debate. Anyone who demands a debate on these “reforms” coming forward from behind closed doors is accused of obstruction by Congress leaders.
I was able to force a vote in the Senate to repeal marijuana prohibition, and although this effort did not succeed on the first try, it will not be the last word. As farmers are forced to destroy their crops, consumers see empty shelves where their favorite products once sat and black markets emerge and flourish, the problem will not go away. And I will never stop advocating for the farmers and consumers who are being targeted by some members of Congress.
Rand Paul is a United States senator from Kentucky and author of “The Case Against Socialism”.