FORBES: House Lawmakers Introduce Bipartisan Hemp Regulation Bill
Two House lawmakers on Wednesday introduced bipartisan legislation to federally regulate hemp products, including those with the intoxicating cannabinoid THC. Republican Rep. Andy Barr of Kentucky and Minnesota Democratic Rep. Angie Craig introduced the bill, known as the Lawful Hemp Protection Act, as a looming ban on hemp THC products is set to go into effect later this year.
Congress legalized hemp agriculture and hemp products with the 2018 Farm Bill, spawning a new industry of hemp-derived products. But the proliferation of products with THC and other intoxicating cannabinoids prompted action from Congress, which passed a ban on products with more than 0.4 milligrams of THC per package. Approved as part of a spending package to end a government shutdown last fall, the ban on hemp products is slated to go into effect in November.
If the ban is enacted as planned, many products that are legal today would become Schedule I substances under federal drug laws. The legislation would have a devastating effect on hemp operators, who now represent a market worth more than $28 billion per year, according to data from the U.S. Hemp Roundtable.
“Kentucky farmers helped build America’s hemp industry and they deserve certainty,” Barr said in a statement about the legislation.
“Kentucky has demonstrated that hemp can be successfully regulated while supporting farmers and protecting consumers,” he added. “This legislation builds on that success by creating a national framework that rewards responsible producers, eliminates bad actors, and ensures consumers have confidence in the products they purchase.”
If passed, the Lawful Hemp Protection Act would establish a federal regulatory structure for the cultivation, processing, lab testing and labeling, creating uniform rules for the industry while barring synthetic cannabinoids from any finished hemp‑derived products. The measure, which Barr says is supported by the White House, also ties market access to domestic agriculture by limiting participation to hemp that is grown, processed and packaged in the United States.
The legislation also redefines hemp as cannabis and cannabis products containing up to 1% THC by dry weight, up from the current 0.3%. To address ongoing concerns about youth access and product safety, the legislation sets a minimum purchase age of 21 for hemp‑derived consumer goods and blocks any marketing or advertising directed at children. Supporters say these provisions would help stabilize the regulated market and reduce risks associated with unverified products.
Barr says that the new bill is supported by the hemp industry and other sectors, including beverage producers and distributors. Justin Tidwell, the CEO and co-founder of hemp beverage manufacturer Nowadays, says that the “introduction of the bipartisan Craig-Barr legislation marks a meaningful shift in the conversation around hemp-derived beverages.”
“Establishing consistent national standards for testing, labeling, manufacturing, age verification, and product oversight creates a safer, more transparent marketplace for consumers while giving responsible operators the confidence to expand distribution, introduce new products, and reach more adult consumers,” Tidwell writes in an email. “It also positions hemp beverages to become a meaningful long-term growth segment within the broader adult beverage industry, creating new opportunities for retailers, distributors, and manufacturers while giving consumers greater access to regulated, tested products.”
Joe Gerrity, CEO of hemp products brand Crescent Canna, notes that banning THC products will only push consumers to the unregulated market.
“Demand doesn't disappear because the government says no. And where there's demand and money, there will be a market to meet it,” Gerrity writes in an email. “If the ban takes effect in November, all it does is hurt small business owners and make it harder and more expensive for consumers. Former law-abiding customers will shift to other formats, and a lot of them will end up buying from a drug dealer who doesn't pay taxes, doesn't test products, and doesn't abide by any regulations.”
“Minnesota became the model for responsible hemp regulation when it established a regulatory framework that complied with federal law and enabled local farmers and businesses to thrive,” said Craig, the ranking Democrat on the House Agriculture Committee. “My commonsense legislation will give regulatory clarity to Minnesota farmers, brewers and small business owners and provide an alternative to short-sighted federal policies that threaten Minnesota jobs and consumer choice.”