Hemp Could Have More THC Under New Congressional Bill That Aims To Fix Regulatory Issues For Expanding Industry

A new congressional bill seeks to build upon the federal legalization of hemp by providing cannabis businesses with additional flexibility that’s been sought after by industry stakeholders, as well as remove a controversial ban on market participation by people with prior drug convictions.

Rep. Chellie Pingree (D-ME) filed the Hemp Advancement Act on Tuesday. The legislation would provide several critical reforms, including by increasing the legal THC threshold for hemp products from the current 0.3 percent to 1 percent on a dry weight basis.

It could additionally, however, upend the growing market for delta-8 THC products by officially counting the isomer in allowable THC amounts.

It would also address an issue related to THC levels for in-process hemp.

NEWS: I just introduced the Hemp Advancement Act because the industry has been stunted by unworkable & overly complicated regulations.

These 3 commonsense changes would create a clear path forward for the nation's hemp farmers & producers ⤵️🌿 pic.twitter.com/P4QU1OZXBL

— Congresswoman Chellie Pingree (@chelliepingree) February 8, 2022

Businesses previously raised concerns about the THC threshold prescribed under existing federal statute because the process of hemp extraction can temporarily raise the THC content in a crop in a way that could make them liable for enforcement action. Under Pingree’s bill, in-process hemp would not be subject to any THC limits as long as the final product doesn’t exceed one percent.

The proposal would also remove a requirement under the 2018 Farm Bill that the crop can only be tested at laboratories registered by the Drug Enforcement Administration, a prohibitive policy that the lawmaker highlighted with a supplementary map showing the limited number of such facilities across the country.

“There are insufficient testing facilities. Right here in Maine, we don’t have one at all—and there’s two that cover all of New England,” Pingree told Marijuana Moment in a phone interview on Monday, adding that there are non-DEA-certified labs that are “perfectly capable of doing this.”

“To eliminate this DEA requirement would take away one more obstacle that farmers are currently facing,” she said. “Again, it takes it out of this realm of, you know, ‘this is [about] dealing drugs.’ This is an agricultural crop. Let’s assess it for appropriate reasons, but we don’t have to make it so sinister that everything has to be done by the DEA.”

Did you know there are just *two* DEA testing labs in all of New England and none in Maine? My #Hemp Advancement Act would ensure growers have more testing options that are closer to home.   Read more in today's @PressHerald 🪴 https://t.co/HRZ03K3D6zpic.twitter.com/iN9ZCnnPL2

— Congresswoman Chellie Pingree (@chelliepingree) February 8, 2022

Finally, the legislation would remove a provision of the Farm Bill that prohibits participation in the hemp industry for people who’ve faced drug-related felony convictions in the past 10 years. Advocates have argued that the policy unnecessarily perpetuates racial disparities by excluding people from communities that have been disproportionately impacted by cannabis prohibition.

“This ban treats hemp as if it was a controlled substance, and that people are trying to somehow engage in drug dealing or nefarious activities,” Pingree said. “As we all know, hemp is an agricultural crop, it has a whole different purpose. And like all agricultural enterprises right now, we have a labor shortage.”

—Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

“To prohibit people with what seems like a very antiquated, backwards rule, it’s just damaging to the industry and for those individuals who want to participate,” the congresswoman said. “I hope we see smooth sailing on eliminating that ban.”

The bill is being backed by more than a dozen major hemp and cannabis groups, including the U.S. Hemp Roundtable, Americans for Safe Access and Hemp Industries Association.

Pingree said that she’s had conversations with colleagues on both sides of the aisle and feels the legislation will enjoy the same level of bipartisan support that the hemp legalization provision of the 2018 Farm Bill saw.

“I hope that we have plenty of bipartisan buy-in because there was so much enthusiasm in the beginning,” the congresswoman said. “And in many states around the country—places like Maine, places like Kentucky— there’s been a lot of interest in growing hemp and increasing a large number of farmers who want to participate if they can remove the obstacles. I feel confident that we’ll have bipartisan support.”

She said that while she’d like to see the standalone legislation taken up in committee, she also expects it to drive conversations and inform policy as lawmakers get to work on drafting the 2023 Farm Bill, negotiations for which are expected to begin later this year.

“At the very least, my goal is to make sure that that language is included in one form or another in the Farm Bill because that’s, I think, where we have the greatest opportunity to make some significant change,” Pingree said.

With respect to the increased THC threshold for hemp products, the bill would also make it so the new one percent THC limit would include not just the most well-known psychoactive component, delta-9 THC, but also variants like delta-8 and delta-10 that are lesser known but are increasingly available in markets where cannabis isn’t currently legal.

By statutorily including the isomers in the definition of THC, the legislation could upend the market for products containing them.

The proposed policy change is meant “much more to deal with the challenges that farmers are facing during testing because hemp is an agricultural product,” Pingree said.

Jonathan Miller, general counsel for the U.S. Hemp Roundtable, told Marijuana Moment in a phone interview last week that Pingree’s overall bill is “very important as a way to redress some of the flaws of the 2018 Farm Bill and learn the lessons from the last four years of hemp growing and improve upon them.”

“Really, we think it’s a really great kickstart for the industry,” he said.

Commenting on the proposed increased total THC threshold that includes cannabinoids other than delta-9, Miller said the issue “is unclear.”

“It was something that none of us who were involved in the 2018 Farm Bill really knew about to any degree, and has been seized as a loophole,” he said. Even DEA has signaled that, at the federal level at least, delta-8 THC is not a controlled substance at this time.

Pingree first previewed the new legislation in September at an event with the U.S. Hemp Roundtable.

Last year, Reps. Kurt Schrader (D-OR) and Morgan Griffith (R-VA) filed a separate bill aimed at allowing hemp and CBD derived from the crop to be marketed and sold as dietary supplements. That’s been another major source of controversy, as the current lack of regulations from the Food and Drug Administration (FDA) is viewed as a central barrier for the hemp industry’s growth.

In the Senate, Sens. Ron Wyden (D-OR), Rand Paul (R-KY) and Jeff Merkley (D-OR) introduced a bill that would similarly exempt “hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp” from certain restrictions that have blocked the emergence of legal consumable hemp products while the FDA has slow-walked regulations.

Paul also filed separate legislation last year that would triple the concentration of THC that hemp could legally contain while addressing multiple other concerns the industry has expressed about the federal regulations.

More recently, the U.S. Department of Agriculture (USDA) announced last month that it will be partnering with Cornell University on a webinar series to promote education about hemp as the industry evolves.

The agency also recently said that it has taken steps to improve insurance policies for hemp businesses, making them more flexible in response to stakeholder feedback.

USDA has taken a number of steps to align hemp insurance policies with those of other lawful crops since the plant was federally legalized under the 2018 Farm Bill, consistently seeking out input from stakeholders as the industry matures.

In 2020, for example, the department made it so hemp farmers can qualify for Multi-Peril Crop Insurance, in addition to several other coverage programs for which the crop is now eligible.

As part of its overall outreach, the department launched a large-scale survey in August to gain insight into the hemp market that’s emerged.

After requesting permission from the White House last year to conduct the survey of about 20,000 hemp farmers, the agency’s National Agricultural Statistics Service recently made response forms available to be filled out via mail or online.

USDA is asking questions about plans for outdoor hemp production, acreage for operations, primary and secondary uses for the crop and what kinds of prices producers are able to bring in. The questionnaire lists preparations such as smokeable hemp, extracts like CBD, grain for human consumption, fiber and seeds as areas the department is interested in learning about.

The department announced plans in 2020 to distribute a separate national survey to gain insights from thousands of hemp businesses that could inform its approach to regulating the industry.

That survey is being completed in partnership with National Association of State Departments of Agriculture and the University of Kentucky. The department said it wanted to learn about “current production costs, production practices, and marketing practices” for hemp.

There’s still much to learn about the burgeoning market, even as USDA continues to approve state regulatory plans for the crop. Recently, the agency approved a hemp plan submitted by Colorado, where officials have consistently insisted that the state intends to be a leader in the space.

While USDA’s final rule for hemp took effect on March 22, 2021, the agency is evidently still interested in gathering information to further inform its regulatory approach going forward. Industry stakeholders say the release of the final rule is a positive step forward that will provide businesses with needed guidance, but they’ve also pointed to a number of policies that they hope to revise as the market matures such as USDA’s hemp testing requirements.

The federal Small Business Administration’s Office of Advocacy expressed a similar sentiment in a blog post last February, writing that it is “pleased with some of the changes that [USDA] has made to the rule, as they offer more certainty and are less burdensome to small farmers,” but “some concerns remained unaddressed in the final rule.”

USDA said last year that it is teaming up with a chemical manufacturing company on a two-year project that could significantly expand the hemp-based cosmetics market.

Meanwhile, the U.S. Department of Energy (DOE) announced in August that it is sponsoring a project to develop hemp fiber insulation that’s designed to be better for the environment and public health than conventional preparations are.

Read the text of the new hemp reform bill below: 

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New York Bill Would Encourage Marijuana Packaging Made From Hemp As A Sustainable Plastic Alternative

As New York prepares to launch retail marijuana sales, a state senator wants to ensure that cannabis products are sustainably packaged, and she’s introduced legislation to accomplish that by prioritizing hemp-based packaging.

Sen. Michelle Hinchey (D) filed the bill earlier this month, making the case that hemp represents an environmentally friendlier alternative to synthetic plastics. She said setting a standard where the crop is utilized for adult-use marijuana packaging would also support businesses in the burgeoning hemp market.

Under the proposal, the state’s Cannabis Control Board would be required to “develop strategic plans detailing the primary use of industrial hemp for packaging and labeling requirements to be used prior to the retail sale of any cannabis or cannabis product to a cannabis consumer.”

Further, the legislation calls for the establishment of a “Sustainable Cannabis Packaging Incubator Program” to provide financial incentives for businesses to create “compostable and biodegradable cannabis packaging materials.” Participants in the program would need to make packaging that contains at least 30 percent hemp.

“There is no other natural resource that offers the same environmental, agricultural and economic potential as hemp,” Hinchey said in a press release. “My bill will create a market, kickstarting the industry and moving New York State to the forefront in a way that will help us tackle the climate crisis, give our small farmers a competitive edge, and boost upstate economic development.”

“With my bill, we have an incredible opportunity to unleash the potential of biodegradable hemp-based products that slashes our use of plastics, incentivizes farmers and entrepreneurs to be part of this innovation stage, and propels an industry that has not reached even a fraction of its full potential,” she said. “Environmentally-safe industrialized hemp is the future of manufacturing and I look forward to getting my bill passed in the 2022 session so that New York can lead the way in this emerging market.”

This bill represents the continuation of a family legacy on cannabis reform, as the senator’s late father, former U.S. Rep. Maurice Hinchey (D-NY), sponsored the early versions of a congressional spending bill rider that protects medical cannabis states from federal interference.

“We are downing in a world of excessive, non-biodegradable packaging, leaving our landfills overflowing and our waterways littered with plastics,” the justification section of the new hemp measure states. “In order to solve our solid waste problem, we have to be creative with new forms of packaging and the materials we use to create it.”

Other states that have moved to legalize cannabis have seen “dramatic increases in waste management issues caused by single-use containers for adult-use and medicinal cannabis, further adding to our ever-growing solid waste crisis,” it continues. “This bill seeks to capitalize on the burgeoning market for hemp, setting New York State as a leader in the new biodegradable and industrial material, while responding to a predictable and foreseeable problem in significantly increased environmentally-harmful waste.”

Environmentally-safe industrialized #hemp is the future of manufacturing, & my bill gives NY the opportunity to kickstart this industry in a way that will help us:

♻️ Tackle the climate crisis. 🚜 Give small farmers a competitive edge. 📈 Boost upstate economic development. 2/3

— Senator Michelle Hinchey (@SenatorHinchey) November 19, 2021

“This bill, moreover, supports New York State farmers already in, or seeking to enter, the hemp industry as they will cultivate and provide the raw materials used for packaging items in the growing adult-use cannabis space. Both cannabis and hemp are agricultural products, and these new market opportunities will significantly bolster the current standing of many of our State’s farms. The Legislature is in a position to find innovative ways to meet the goals of climate change mitigation and support our struggling agricultural markets creating a win-win-win for the environment, our farms, and the farm-economy.”

New York lawmakers have been proactive in seeking to improve the state’s adult-use marijuana law since the reform was approved earlier this year and as regulators continue to develop rules for the program.

—Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

For example, another senator filed a bill this month to make it so transgender and non-binary people can qualify as social equity applicants under the state’s cannabis law.

Sen. Jeremy Cooney (D) introduced the legislation in an attempt to resolve an “unintended consequence” of the adult-use law, which would currently “force certain individuals from choosing between their gender identity and receiving priority for a license,” the bill’s justification section states.

Currently, adults 21 and older can possess up to three ounces of cannabis or 24 grams of concentrates—and they can also smoke marijuana in public anywhere tobacco can be smoked—but there aren’t any shops open for business yet.

The first licensed recreational marijuana retailers in New York may actually be located on Indian territory, with one tribe officially opening applications for prospective licensees in October.

In July, a New York senator filed a bill to create a provisional marijuana licensing category so that farmers could begin cultivating and selling cannabis ahead of the formal rollout of the adult-use program. The bill has been referred to the Senate Rules Committee.

Because the implementation process has been drawn out, however, one GOP senator wants to give local jurisdictions another year to decide whether they will opt out of allowing marijuana businesses to operate in their area—a proposal that advocates say is unnecessary and would create undue complications for the industry.

Gov. Kathy Hochul (D), who replaced Andrew Cuomo after he resigned amid a sexual harassment scandal, has repeatedly emphasized her interest in efficiently implementing the legalization law.

At a recent event, she touted the fact that she had quickly made regulatory appointments that had been delayed under her predecessor. “I believe there’s thousands and thousands of jobs” that could be created in the new industry, the governor said.

Meanwhile, New York’s Cannabis Control Board (CCB) held its first meeting last month, a key step toward implementing the state’s adult-use marijuana program.

Members of the board, who were appointed by the governor and legislative leaders, announced that medical marijuana dispensaries will be allowed to sell flower cannabis products to qualified patients. The $50 registration fee for patients and caregivers was also permanently waived.

Earlier this month, regulators also approved rules for the state’s cannabinoid hemp program, notably clarifying that flower from the crop can be sold but delta-8 THC products are currently prohibited from being marketed.

Adding pressure to get the market up and running is the fact that regulators in neighboring New Jersey recently released rules for its adult-use marijuana program, which is being implemented after voters approved a legalization referendum last year.

The state comptroller recently projected that New York stands to eventually generate $245 million in annual marijuana revenue, which they say will help offset losses from declining tobacco sales.

For the first year of cannabis sales, the state is expected to see just $20 million in tax and fee collections. That will be part of an estimated $26.7 billion in new revenues that New York is expected to generate in fiscal year 2021-2022 under a budget that the legislature passed in April.

The state Department of Labor separately announced in new guidance that New York employers are no longer allowed to drug test most workers for marijuana.

Meanwhile, a New York lawmaker introduced a bill in June that would require the state to establish an institute to research the therapeutic potential of psychedelics.

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States Promote Federal Hemp Survey Being Mailed Out This Week To More Than 20,000 Farmers

The U.S. Department of Agriculture (USDA) is officially beginning a nationwide survey of hemp producers this week, and state officials are working to make sure farmers in their jurisdictions participate.

The survey, which USDA began mailing out on Monday, asks producers about issues such as outdoor cultivation, acreage for operations, primary and secondary uses for the crop and what kinds of prices producers are able to bring in. The questionnaire lists preparations such as smokeable hemp, extracts like CBD, grain for human consumption, fiber and seeds as areas the department is interested in learning about.

After requesting permission from the White House earlier this year to conduct the survey of 20,500 hemp farmers, the agency’s National Agricultural Statistics Service (NASS) announced in August that the forms were being finalized to be filled out via mail or online. Now, the survey is officially in the mail and the agency is accepting responses on its website.

The 2021 Hemp Acreage and Production Survey is in the mail! The @usda_nass#hemp survey results could help inform your decisions about growing, harvesting, and selling hemp. Check your mailboxes and respond online at https://t.co/MvrGnUX1Xtpic.twitter.com/UUSoM79ggy

— National Agricultural Statistics Service (@usda_nass) October 18, 2021

The questionnaire also goes over whether farmers are hand-trimming the hemp they produce, if they plan to extract cannabinoids or terpenes from the crop, what kind of yields they’ve harvested and how they obtain the seeds and clones they use.

Check your mailboxes Maryland hemp growers!📬

The @usda_nass has sent out the 2021 Hemp Acreage and Production Survey. Responses could help inform your decisions about growing, harvesting, and selling hemp.

💻Once your letter is received, respond online: https://t.co/xDaW3YjSROpic.twitter.com/rZmy8RBK0S

— Maryland Department of Agriculture (@MdAgDept) October 18, 2021

Meanwhile, state agriculture departments across the country are encouraging local farmers to take part, and for good reason. The more respondents in each state, the bigger its hemp market will look and there will be more data will be available to analyze its needs. States with a lot of active hemp farmers may be seen as more attractive to investors in the industry and to ancillary businesses that serve producers of the crop. There may also be a greater likelihood that federal officials will see that state as a promising market for hemp—likely increasing the chances that businesses that are located there will win grants or other assistance.

Already, agriculture departments from states like Maryland, Minnesota, New Mexico, North Carolina, Oregon, South Dakota, Texas, Virginia and Washington State have made social media posts calling attention to the survey.

The hemp survey will collect information on the total planted and harvested area, yield, production and value of hemp in the United States #TexasAgricultureMattershttps://t.co/JAkD36r87w

— Texas Agriculture (@TexasDeptofAg) October 14, 2021

This October, USDA’s National Agriculture Statistics Service (NASS) will mail its first Hemp Acreage and Production Survey, which will collect information on the total planted and harvested area, yield, production, and value of hemp in the US. https://t.co/pq8pMQuORhpic.twitter.com/3gZ6aQH6q7

— VDACS (@VaAgriculture) October 7, 2021

“This inaugural hemp survey will establish a necessary benchmark and provide critically-needed data for the hemp industry,” said Kevin Barnes, acting administrator of USDA’s NASS, said in a press release. “The information collected can help inform producers’ decisions about growing, harvesting, and selling hemp as well as the type of hemp they decide to produce. The resulting data will also foster greater understanding of the hemp production landscape across regulatory agencies, producers, state and Tribal governments, processors, and other key industry entities.”

(2/2) Producers may complete the survey online at https://t.co/RMhgJhFA2e or they may complete and return the survey by mail using the return envelope provided. Frequently Asked Questions about this inaugural survey are now available at https://t.co/VeM1u8WZQ7.

— NM Department of Ag (@NMDeptAg) October 18, 2021

Responses need to be submitted online or mailed back by October 25, and the department plans to publish the results on February 17 of next year.

Today @usda_nass will send its first #Hemp Acreage & Production Survey to MN producers. The hemp survey will collect info on total planted & harvested area, yield, production, & value of hemp. Recipients are asked to respond by 10/25. More info at: https://t.co/NSRjSw2vVx#MNAgpic.twitter.com/c4sf3riaH1

— MN Agriculture Dept (@MNagriculture) October 18, 2021

On Oct. 18, the @USDA National Ag Stats Service is launching a new survey to look at hemp production in the US! The survey will look at total planted & harvested area, yield, production & value of hemp in our country. Learn more below! #NCAgriculturehttps://t.co/b2KYE13oOkpic.twitter.com/3PvVpWrd3i

— NCDA&CS (@NCAgriculture) October 6, 2021

USDA initially published a notice about its intent to secure White House permission to conduct the survey in February.

Last year, USDA announced plans to distribute a separate national survey to gain insights from thousands of hemp businesses that could inform its approach to regulating the industry.

That survey is being completed in partnership with National Association of State Departments of Agriculture and the University of Kentucky. The department said it wanted to learn about “current production costs, production practices, and marketing practices” for hemp.

On Oct. 18, USDA’s @usda_nass will be sending its first Hemp Acreage and Production Survey to SD producers. The hemp survey will collect information on the total planted and harvested area, yield, production, and value of hemp in the U.S.

For more info: https://t.co/RZ2HyP2veZ

— SD DANR (@SD_DANR) October 15, 2021

Frequently Asked Questions for @usda_nass's 2021 Hemp Acreage and Production Survey are now available. Beginning Oct. 18, the survey will collect info on the total planted and harvested area, yield, production, and value of #hemp in the United States. https://t.co/OY202xpBdMpic.twitter.com/LpAb9lwJ1k

— Oregon Dept. of Ag (@ORagriculture) September 7, 2021

Hemp was federally legalized via the 2018 Farm Bill.

There’s still much to learn about the burgeoning market, even as USDA continues to approve state regulatory plans for the crop. Most recently, the agency approved a hemp plan submitted by Colorado, where officials have consistently insisted that the state intends to be a leader in the space.

While USDA’s final rule for hemp took effect on March 22, the agency is evidently still interested in gathering information to further inform its regulatory approach going forward. Industry stakeholders say the release of the final rule is a positive step forward that will provide businesses with needed guidance, but they’ve also pointed to a number of policies that they hope to revise as the market matures such as USDA’s hemp testing requirements.

@USDA is conducting the first Hemp Acreage and Production Survey. Starting TODAY, #hemp growers can log in and complete the survey online, using the survey code received in the mail. https://t.co/dmWIZXyzPqpic.twitter.com/cmoAKrbE4B

— Washington State Department of Agriculture (@WSDAgov) October 18, 2021

The federal Small Business Administration’s Office of Advocacy expressed a similar sentiment in a blog post in February, writing that it is “pleased with some of the changes that [USDA] has made to the rule, as they offer more certainty and are less burdensome to small farmers,” but “some concerns remained unaddressed in the final rule.”

USDA announced in April that it is teaming up with a chemical manufacturing company on a two-year project that could significantly expand the hemp-based cosmetics market.

Last month, USDA said it is teaming up with university researchers to figure out the best ways to keep weeds out of hemp fields.

Meanwhile, members of Congress continue to work on further changes to federal hemp policy.

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