Senate Approves Agriculture-FDA Spending Bill: Future of US Hemp Industry at Risk
The US Senate Appropriations Committee unanimously approved the Agriculture-FDA spending bill this week, a decision that places the future of the country’s hemp industry in significant jeopardy.
Impact of the 2025 US Farm Bill
The 2025 US Farm Bill, an annual piece of legislation essential for funding farming programs, has now been ratified by both chambers of Congress following a recent vote. This development is particularly alarming for stakeholders in the hemp industry due to the inclusion of the ‘Mary Miller’ amendment. This amendment was added via a procedural maneuver that allowed all amendments to pass as a block, eliminating the opportunity for individual votes on each amendment.
Mary Miller Amendment: A Threat to Hemp Industry
The Mary Miller amendment aims to regulate the rapidly expanding intoxicating hemp industry. Compounds like HHC and Delta-8 THC have seen a significant rise in availability across the US. While several states have moved to regulate these substances, they remain largely legal and minimally regulated at the federal level. The amendment, however, goes beyond just these compounds; it could have a devastating impact on the broader hemp and CBD industries, potentially banning 90-95% of hemp products currently on the market, including those that are FDA approved for animal feed.
Details of the Amendment
The amendment specifies that most consumable hemp-derived cannabinoid products, including delta-8 THC and CBD items containing any ‘quantifiable’ amount of THC, would be banned. This sweeping regulation has caused widespread concern among hemp industry advocates and businesses, as it threatens to dismantle a significant portion of the market.
Legislative Process and Response
According to the US Hemp Roundtable, a similar procedural tactic was used to incorporate this amendment into the Agriculture/FDA Appropriations bill, which funds all agricultural programs. The legislation passed with little debate through the GOP-dominated congressional committee earlier this week, despite extensive lobbying efforts from the US Hemp Roundtable and allied groups. Over 100 meetings were held in an attempt to amend the language of the bill, but these efforts ultimately failed to bring about any changes.
A Ray of Hope
Despite the grim outlook, there was a minor victory for the hemp industry. Representative Dan Newhouse successfully negotiated the inclusion of report language that addresses the regulation of intoxicating cannabinoids. This language directs the FDA to evaluate the public health and safety implications of products containing intoxicating cannabinoids and encourages the FDA to establish federal regulatory parameters to protect public health. This includes labeling requirements, testing standards, packaging regulations, and age limits for hemp-derived products. Although this language is not binding, the US Hemp Roundtable remains hopeful that it will be instrumental in advocating for regulation over prohibition as the legislative process continues.
Outlook for the Future
As the bill moves forward, the hemp industry and its advocates are left to navigate an uncertain future. The inclusion of regulatory language offers a glimmer of hope, but the broad scope of the Mary Miller amendment remains a significant threat. The US Hemp Roundtable and other stakeholders will continue their efforts to influence policy and protect the interests of the hemp and CBD industries.
The passage of this bill underscores the ongoing challenges facing the hemp industry and the importance of continued advocacy and engagement with policymakers. As the regulatory landscape evolves, the future of the US hemp industry hangs in the balance, with the potential for significant changes on the horizon.
The approval of the Agriculture-FDA spending bill by the Senate Appropriations Committee marks a critical juncture for the US hemp industry. The inclusion of the Mary Miller amendment poses a significant threat, potentially banning a vast array of hemp-derived products. While there is a glimmer of hope in the form of regulatory language, the industry faces a challenging path ahead. Continued advocacy and engagement with policymakers will be essential to ensure the future viability of the hemp and CBD markets.
