MINNPOST: Republican overreach threatens Minnesota’s hemp industry
Since Congress legalized hemp in 2018, Minnesota’s hemp industry has blossomed. In the roughly two and a half years since Minnesota signed its own hemp legalization bill into law, hemp has grown into a $200 million a year industry, creating thousands of local jobs in everything from farming and brewing to soapmaking and textiles. It has flourished because Minnesota stepped up to do things the right way by implementing smart and reasonable regulation at the state level.
But a few weeks ago, congressional Republicans decided to turn back the clock on the progress Minnesota’s hemp industry has made — threatening local jobs, small businesses, tax revenue and innovation along with it.
Much to my disappointment, they did so without talking to Minnesota stakeholders or engaging with the committees most involved in the hemp supply chain — from growth to final product. That includes the House Agriculture Committee, where I serve as the top Democrat. Since then, my office has been flooded with calls, emails and letters from concerned Minnesotans.
If the federal government is to get involved in hemp production and sales at the state level, it ought to do so by providing regulatory clarity and market structure for a growing industry — not by adopting one-size-fits-all policies that upend a critical economic engine overnight. In Minnesota, hemp supports jobs at 132 licensed growers, 96 licensed processors and over 2,000 retailers.
Despite only a minority of Minnesotans reporting regular use of cannabis or hemp-derived products, a majority — over 60% — say they support its legalization. These Minnesotans are not a monolith. Everyone from veterans to hockey moms use hemp-infused products, and consumer choice would be restricted by federal overreach.
This newly passed law gives Congress one year to determine a path forward that protects Minnesota small businesses and consumers. Instead of taking a step backward, Congress should look to taking the next step forward to create regulatory certainty for hemp products nationwide. Federal agencies need to know who is in charge, and who regulates what. While certain decisions can be left to the states — in the same way that states are allowed to regulate the sales of alcohol — the federal government still has a role to play regarding which agencies have jurisdiction over what aspects of the cannabis industry.
The U.S. Department of Agriculture should establish the guidelines and regulations for the growth and production of hemp, including hemp fiber and grain — a surprising source of protein. The Food and Drug Administration likely needs to engage around hemp-infused edibles and beverages, dietary supplements, cosmetics and pharmaceutical products. Other federal agencies likely need to have a say in other areas, including the Federal Trade Commission, which could influence how these products are marketed and advertised across the country, and the Alcohol and Tobacco Tax and Trade Bureau, which has experience regulating the production of intoxicating substances.
I have been at the forefront of this effort. In 2020, I joined a cohort of Minnesota lawmakers to call on federal agencies to coordinate and streamline hemp rules so that Minnesota farmers, businesses and tribes could benefit from the budding industry.
In 2023, I worked across the aisle and put forth bipartisan legislation to protect consumers and ensure food and dietary supplements made with cannabidiol (commonly referred to as CBD) were properly regulated.
Any solution must also address the very real concerns expressed by retailers, parents and law enforcement. That includes preventing hemp-derived products from being marketed to children in the same way that vapes and e-cigarettes have been, with their eye-catching colors and bubblegum-flavored cartridges.
Their worries make sense. I’ve seen firsthand the jobs and opportunities that legal hemp provides in Minnesota and heard from concerned parents about unregulated hemp-products. I applaud our state for setting the gold standard for hemp regulation and oversight when the federal government would not. Our governments, farmers and small businesses need more guidance and regulatory certainty — not blanket bans.