House Committee Advances Bill Potentially Banning Most Consumable Hemp-Derived Cannabinoid Products
A bill advancing through a GOP-controlled House committee could effectively ban most consumable hemp-derived cannabinoid products, such as delta-8 THC and CBD containing any “quantifiable” amount of THC. The House Appropriations Committee approved a 2025 spending bill covering Agriculture, Rural Development, and the Food and Drug Administration (Ag/FDA) on Wednesday, which includes a controversial section targeting these products.
Proposed Ban and Industry Response
The bill has sparked significant opposition from hemp industry stakeholders, who argue that the measure could devastate their businesses. The proposal is nearly identical to a provision included in the 2024 Farm Bill, introduced by Rep. Mary Miller (R-IL). If enacted, cannabinoids “synthesized or manufactured outside of the plant” would no longer be classified as legal hemp.
Despite the strong pushback, some key marijuana businesses have supported the proposed policy change, aligning with prohibitionist stances.
Congressional Voices and Concerns
Rep. Dan Newhouse (R-WA) voiced concerns from his constituents, highlighting the potential negative impact on licensed hemp farms. “In fact, the majority of members on this committee have hemp licensed producers in your districts. These farmers are concerned that language included in the underlying bill, while well intended, makes several arbitrary and industry-crushing changes that would put them out of business,” he said. Newhouse emphasized the difficulties of maintaining a farm and the importance of supporting agricultural producers, particularly in the developing hemp market.
FDA Regulation and Report Language
A manager’s amendment from Rep. Andy Harris (R-MD), chairman of the subcommittee handling the bill, added a provision directing the FDA to evaluate the health and safety effects of cannabinoid products. The amendment encourages the agency to identify lawful federal regulatory parameters, including labeling requirements, testing procedures, packaging requirements, and age limits to protect public health.
“We’ll continue working on this and get the bad actors out, the ones who are not…converting some of that to delta-8, which is a dangerous substance,” Harris said. “It’s a psychoactive substance, so we’ll continue to work on that. We do not want to harm the people who are the good actors, and most of them are the good actors.”
Industry Advocacy and Legislative Action
The U.S. Hemp Roundtable, an industry organization, expressed disagreement with Harris’s stance on delta-8 and reiterated its commitment to regulation rather than prohibition. The group noted the encouraging language in the report that suggests Congress wants the FDA to regulate, not ban, hemp products, even those that are potentially impairing.
Rep. Matt Cartwright (D-PA), ranking member of the relevant subcommittee, emphasized the growing importance of hemp in the U.S. and its numerous industrial applications. He advocated for a more progressive approach to hemp regulation, citing its benefits in various industries, including construction and environmental cleanup.
Broader Legislative Context and Future Prospects
The House Agriculture Committee’s version of the Farm Bill, advanced in May, includes provisions to reduce regulatory barriers for certain hemp farmers and scale back a ban on industry participation by people with prior drug felony convictions. Advocates hoped for more comprehensive language, such as that described in Senate Democrats’ summary of their forthcoming Farm Bill draft, which would mandate eliminating the ban for all hemp producers.
Lawmakers and stakeholders are also considering other proposals for the Farm Bill, including measures to legally market hemp-derived products like CBD as dietary supplements or in the food supply.
As discussions on the Ag/FDA spending bill and the Farm Bill continue, the hemp industry faces significant regulatory challenges. The proposed ban on consumable hemp-derived cannabinoid products highlights the ongoing debate over the best approach to ensuring public safety while supporting the industry’s growth. Stakeholders remain hopeful that a balanced regulatory framework will emerge, promoting both consumer protection and economic development in the hemp sector.
