The hemp industry has seen dramatic growth since the legalization of hemp and its derivatives under the 2018 Farm Bill. However, the hemp sector in the United States has faced numerous challenges, particularly regarding federal regulations on THC levels. Senator Rand Paul (R-KY) has reintroduced a bill, the Hemp Economic Mobilization Plan (HEMP) Act, to address these concerns and provide clarity and relief for hemp farmers and processors.
What is the HEMP Act?
The HEMP Act, as introduced by Senator Rand Paul, aims to amend the federal definition of hemp under the Agricultural Marketing Act of 1946. This bill seeks to alleviate the regulatory burden on hemp farmers and processors, hoping to ensure the industry’s growth and sustainability.
Critics consider the 0.3% THC limit established under the 2018 Farm Bill to be arbitrary and overly restrictive. Many in the hemp industry argue that this low threshold does not significantly differentiate between hemp and marijuana, causing legal and logistical issues for farmers and processors.
Proposed Changes in the HEMP Act
Raising the THC Limit
One of the most significant changes proposed by the HEMP Act is raising the THC limit from 0.3% to 1%. This increase would provide farmers with more flexibility in cultivating hemp and reduce the risk of crops being deemed non-compliant due to slight variations in THC levels.
By raising the THC limit and streamlining testing procedures, the HEMP Act would allow the hemp industry to reach its full economic potential. Farmers would have more flexibility in cultivating hemp, leading to increased yields and profitability.
Testing Hemp-Derived Products
The HEMP Act also proposes testing hemp-derived products rather than the hemp flower or plant itself. This change addresses concerns that testing the initial product can be time-consuming and may not accurately reflect the final product’s THC content.
The proposed changes in the HEMP Act aim to reduce the regulatory burden on hemp farmers and processors. By providing clear guidelines and reducing bureaucratic micromanaging, the bill ensures that the industry can thrive without unnecessary constraints.
Documentation Requirements for Hemp Shipments
To prevent the seizure of legal hemp during transport, the HEMP Act mandates that hemp shipments must have one of two types of documentation.
- A valid license or other required authorization from the State Department of Agriculture or Tribal government.
- A certificate from a laboratory demonstrating that the hemp contains a THC concentration of not more than 1% on a dry weight basis.
The HEMP Act creates transparency and certainty in hemp testing and transportation. By defining a margin of error in testing and requiring clear documentation for shipments, the bill helps prevent legal issues and provides a more stable environment for the industry.
“For years, I’ve led the fight in Washington to restore one of Kentucky’s most historically vital crops by legalizing industrial hemp. We achieved a hard-won victory, but there is still work to do to prevent the federal government from weighing down our farmers with unnecessary bureaucratic micromanaging. My legislation will help this growing industry reach its full economic potential and bring transparency to government regulations,” said Paul in a press release about the HEMP Act.
Other Legislation Hoping to Improve Hemp Industry
The HEMP Act isn’t the only legislative effort targeting the hemp industry. Recently, Senator Ron Wyden (D-OR) introduced the Cannabinoid Safety and Regulation Act, which aims to create a regulatory framework for hemp-derived cannabinoid products under the oversight of the Food and Drug Administration.
This legislation not only allows states to implement their own regulations but also sets a federal age limit of 21 for purchasing hemp-derived products. Additionally, it establishes critical manufacturing, testing, and labeling requirements to ensure safety and compliance in the industry.
“A federal floor for regulation of hemp products is non-negotiable to ensure that consumers aren’t put at risk by untested products of unknown origin. My legislation will ensure that adult consumers know what they’re getting, and that hemp products are never sold or marketed to children.” said Wyden
Senator Rand Paul’s HEMP Act, along with Senator Ron Wyden’s Cannabinoid Safety and Regulation Act, could indeed be game-changers for the hemp industry. Specifically, by raising the THC limit, streamlining testing procedures, and providing clear documentation requirements, the bill effectively addresses key concerns. Consequently, it offers a more stable environment for hemp farmers and processors.
