The Hemp Economic Mobilization Plan (HEMP) Act 2020:
On December 15th, 2020 U.S. Senator Rand Paul (R-KY) introduced the Hemp Economic Mobilization Plan (HEMP) Act of 2020 to Congress. The Hemp Act of 2020 proposes four significant amendments to the federal laws currently governing the production of hemp.
The 2018 Farm Bill, which became law in December 2018, delisted hemp from the Controlled Substances Act, thereby legalizing it when it removed hemp testing below 0.3% Delta-9 tetrahydrocannabinol (THC) from the definition of “marijuana.” The Farm Bill also provided for the destruction of hemp crops testing above the THC limit and gave sole authority to (United States Department of Agriculture) USDA to develop all rules and regulations for the cultivation of hemp. In October 2019, the USDA released its interim final rule for hemp production. This rule, and the state hemp plans developed from it, resulted in three main concerns from the hemp community, Kentucky hemp farmers and processors, as well as the American Farm Bureau Federation (AFBF). These concerns include (1) destruction of hemp crops testing above 0.3% THC; (2) the short time frame for testing and harvesting hemp crops; and (3) lack of transparency for a margin of error in hemp testing.
The four proposed amendments to Farm Bill 2018 are:
Amend the definition of “hemp” from 0.3% to 1% THC. Under current laws and regulations, hemp crops testing above 0.3% must be destroyed. This problem could be remedied by changing the statutory definition of hemp, raising the THC limit from 0.3% to 1%. Raising the THC limit has been championed by Kentucky hemp farmers and processors, key Kentucky hemp stakeholders, and the AFBF.
Require testing of hemp-derived products rather than the hemp flower or plant itself: Farmers have stated the 15-day timeframe for harvesting and testing hemp crop’s THC content in USDA’s rule is too short a time frame and does not take into consideration potential testing backlogs, lack of personnel to collect samples, and the time it takes to harvest. The THC content of hemp plants is significantly impacted by environmental factors, which farmers cannot control. Alternatively, hemp processors and manufacturers have greater control over the THC content in their products. Providing a statutory fix to this problem, by testing the final hemp-derived product rather than the hemp flower or plant itself, would ease the burden on farmers.
Require the inclusion of a seed certificate copy when transporting hemp from farms to processing facilities to certify the hemp was grown from seed containing 1% THC on a dry weight basis: Not long after the 2018 Farm Bill was signed into law, shipments of hemp were seized by law enforcement because they appeared to be marijuana. In order to protect legitimate hemp farmers, processors, and transporters, a copy of the seed certificate showing the hemp was grown from 1% THC seed would be included in hemp shipments. Hemp transporters and their employees face monumental risks doing their jobs with the current legislation in place. For instance, ABC Transport buys legal hemp biomass with a passing certificate of analysis (COA) in one state to transport it legally to another state. During transport, the hemp is exposed to too much heat, and the delta-9 THC levels increase. If those levels increase too much, then hemp becomes “marijuana” and the transporter is now a federal criminal. They are also subject to prosecution under state law since no state allows interstate transport (even states with full-scale legalization).
Create transparency and certainty by defining a margin of error in hemp testing: Neither current law nor the USDA’s rule provides a margin of error for hemp THC testing. The interim rule states DEA approved labs, which conduct the testing, are to set “measurements of uncertainty” (MU) but give no parameters for the MU.2 The rule uses the example of +/- 0.05%,3 and Senator Paul proposes using 0.075% as the standard MU, giving farmers and processors the certainty they have requested. In order to extract cannabinoids from hemp, hemp plant material must go through an extraction process. This extraction process almost certainly results in a temporary increase in Delta-9 THC. As cannabinoids are isolated it is nearly impossible to control the levels of delta-9 THC from increasing through that process. This means that under the DEA’s interim rule, the processor would be in possession of a schedule I substance, even if the processor dilutes the end product down to the requisite level of 0.3% delta-9 THC or destroys any delta-9 THC by product.
In conclusion, the enactment of the Hemp Act of 2020 would be a great progression for the hemp industry. Hemp is important to the future of farming in the U.S. and will create farming and manufacturing jobs for sustainable and healthy USA grown products. You can sign a petition supporting the change from .3% THC to 1% THC here and, of course, contact your Congressional Representatives to express support for the bill. You can find information about how to contact your elected officials here. This issue should be a topic of discussion as we look toward the upcoming sessions. Please continue to educate yourself and help end the stigma.
For more on hemp-CBD and legislation and litigation impacting the industry in the United States and internationally, see:
Bougenies, N. (2020, October 26). Hemp CBD Q&A – A Few More Questions and Answers - Canna Law Blog™. Retrieved January 01, 2021, from https://harrisbricken.com/cannalawblog/hemp-cbd-qa-a-few-more-questions-and-answers/
Gabbard, T. (2019, July 25). Text - H.R.3652 - 116th Congress (2019-2020): Hemp for Victory Act of 2019. Retrieved January 01, 2021, from https://www.congress.gov/bill/116th-congress/house-bill/3652/text
What is the Farm Bill? (n.d.). Retrieved January 01, 2021, from https://sustainableagriculture.net/our-work/campaigns/fbcampaign/what-is-the-farm-bill/