New legislation on Capitol Hill aims to advance the U.S. hemp industry by addressing unresolved issues stemming from the implementation of the 2018 Farm Bill.
The Hemp Advancement Act of 2022, introduced Feb. 8 by Rep. Chellie Pingree (ME-01), is meant “to improve the 2018 Farm Bill’s hemp provisions and provide greater clarity and flexibility to hemp growers and processors,” according to a press release from Pingree’s office.
“The 2018 Farm Bill laid a legal pathway for hemp production but created overly complicated regulations and hardship for farmers and small businesses in the process,” Pingree said in a public statement. “I am introducing The Hemp Advancement Act of 2022 to eliminate unworkable testing requirements, set reasonable THC thresholds for producers and processors while protecting consumers, and end the discriminatory policy that bans people with drug convictions from growing legal hemp. My bill takes a commonsense, straightforward approach to correct these unintended implementation problems and works to make the hemp industry more profitable and more equitable. My bill also provides a clear path forward for this industry and will support a thriving hemp economy.”
According to the press release, the legislation would to the following:
Raise the allowable THC threshold for hemp and in-process hemp extract to make the rules more workable for growers and processors while ensuring that final hemp products sold to consumers aren’t intoxicating.Remove the requirement that hemp testing occur in DEA-registered laboratories, which is a particular challenge in Maine where there currently aren’t any of these facilities.End the 10-year ban on people with drug-related felony convictions receiving a hemp license, which disproportionately excludes communities of color from participating in this emerging market.The following organizations support the Hemp Advancement Act of 2022, according to the press release:
U.S. Hemp RoundtableAmerican Herbal Products AssociationAmericans for Safe AccessAssociation of Western Hemp ProfessionalsFriends of HempHemp Alliance of TennesseeHemp Industries AssociationiHemp MichiganRealm of Caring Foundation, Inc.U.S. Hemp AuthorityU.S. Hemp Building AssociationVeterinary Cannabis SocietyVirginia Hemp CoalitionWisconsin Hemp Alliance“We are deeply grateful to Congresswoman Chellie Pingree for her strong leadership in spearheading this legislation on behalf of hemp growers, processors, and consumers nationwide,” the U.S. Hemp Roundtable said in a public statement. “The U.S. Hemp Roundtable is proud to have led a broad-based industry effort to propose the policies that underlie this legislation and to have worked closely with Rep. Pingree’s excellent staff throughout the drafting process to ensure our concerns were taken into consideration. Rep. Pingree’s vision and tenacity will make a significant and meaningful difference for our emerging industry.”
Regulatory uncertainty around hemp production, hemp processing and the sale of CBD products has created challenges for Maine’s hemp industry; while more than 2,000 acres of hemp were planted in the state in 2019, only 111 farmers received licenses to cultivate 211 acres hemp in 2020, according to the release from Pingree’s office.
Last year, Maine only licensed 49 farmers, who planted 67 total acres of hemp, according to a Portland Press Herald report.
“We’d love to help this crop take off and help our farmers diversify, but it hasn’t worked out like that,” Gary Fish, state horticulturist at the Maine Department of Agriculture, told the news outlet. “A lot of our big guys, the investors, they’ve left the market. We’ve seen some of our tiny growers do well.”
The situation in Maine has become so bleak that the state is worried that it will not be able to collect enough revenue in license fees—which average about $650 per farmer—to subsidize the $135,000 in annual costs required to run the hemp program, according the Portland Press Herald.
“Under the current regulatory regime established by the 2018 Farm Bill, hemp growers and processors often struggle to navigate THC testing and transportation requirements,” the U.S. Hemp Roundtable said in a public statement. “Meanwhile, consumers are often confused by products being marketed as hemp which are more appropriately sold in adult-use cannabis channels. The simple, straightforward provisions within The Hemp Advancement Act of 2022 would help make it easier and more profitable for U.S. farmers to grow hemp, while ensuring that consumers of hemp are protected against unsafe products. Further, aspiring hemp farmers who have made mistakes in their past but have paid time for their transgressions are barred from growing a safe and promising crop.”
Pingree has long been an advocate for the nascent U.S. hemp industry. Earlier this year, she joined her colleagues in the House in reintroducing the bipartisan Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act, which would provide a regulatory framework for the legal sale of hemp-derived CBD as a dietary supplement.
Pingree also led a bipartisan effort in 2019 to urge the U.S. Food and Drug Administration (FDA) to create a regulatory pathway for hemp-derived CBD as a food ingredient.