2024 Farm Bill Total THC Regulation: The End For Hemp Bud?
As the Farm Bill looms on the horizon, the cannabis community is abuzz with chatter regarding the potential redefinition of hemp.
A new proposal has been presented by The Cannabis Regulators Association (CANNRA) that hints at a shift in regulatory language.
Whether you’re a cannabis consumer or industry professional, understanding these industry changes is vital.
Keep reading for a deeper dive into these proposed changes, where we’ll compare them to existing 2018 Farm Bill definitions to gain a better understanding of the possible implications they contain for countless hemp stakeholders and the cannabis community at large.
This article will also explore how these potential changes might impact the political and social landscape, offering a different perspective on the impact these proposed regulations might have.
Reflecting on the Present (2018 Farm Bill)
The 2018 Farm Bill brought a breath of fresh air, but it officially expired on September 30, 2023.
Now extended until September 2024, the current Farm Bill waits patiently for the newest version of the bill that completely changed the legal landscape of hemp
In 2018, the bill defined hemp as the plant species Cannabis sativa L. and all of its derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers.
Under the current Farm Bill, hemp is defined as any cannabis plant with less than 0.3% THC. It also states that hemp-derived products must not exceed 0.3% THC on a dry-weight basis.
The wordage used in the bill opened doors for a burgeoning market filled with an array of hemp-derived products like Delta 8 vapes, THCA flower, Delta 9 THC edibles, and more.
Today, the legal market is flooded with countless legal hemp products. All of which can cause intoxication, even though they contain low concentrations of THC.
It’s the “0.3% THC on a dry weight basis” addition in the Farm Bill that allowed for legal products to contain a concentration of cannabinoids high enough to get consumers, well…high.
Industry Reactions
Recent trends show it’s not just your local smoke shop and gas station selling THCA or Delta 8.
Several cannabis brands such as Crescent Canna, Secret Nature, Hometown Hero, and others have also adapted to the existing market by launching hemp lines.
The products these and other brands offer embraced current loopholes in the Farm Bill, allowing them to sell federally legal Delta 8, THCA, and other cannabinoid products even in states with restrictive cannabis laws.
Legislative and Enforcement Challenges
Proposed legislation changes and the enforcement of new regulations could present significant challenges to the current legal cannabis market.
That said, political division and focus on other pressing issues could reduce the legislative drive to crack down on hemp and its derivatives.
The need for increased enforcement of new, tighter regulations could also strain law enforcement resources, which are already stretched thin.
Public Sentiment and Political Will
Thankfully, the days of cannabis prohibition are behind us.
Public sentiment continues to shift in favor of cannabis and hemp products, and two-thirds of US adults currently support legalizing marijuana for adult use.
At this stage, politicians may be reluctant to crack down on one of the most popular substances in history. People have waited a long time for legal hemp, and countless consumers won’t take kindly to regulatory changes.
There are also tax revenues from hemp sales that are benefiting local economies to consider.
Potential Future Scenarios
What does the future hold for hemp in the 2024 Farm Bill?
It’s hard to say, but several scenarios could unfold depending on the legislative changes.
The industry may continue to thrive under a lax regulatory framework. There’s also the possibility it will face new challenges if tighter regulations are enacted.
But as larger cannabis companies continue to enter the hemp market, the industry may continue to flourish.
Currently, the hemp industry is projected to be worth almost $32 billion by 2030. But only if industry regulations allow for it.
There’s also the general trend of moving away from prohibition and embracing full-on legalization to consider.
The Broader Context of the 2024 Farm Bill
It’s crucial to understand that the 2024 Farm Bill encompasses much more than just hemp regulation, with a significant portion dealing with food stamp (or SNAP) benefits.
In the grand scheme of legislative priorities, the hemp regulation section is relatively small. Let’s say the 2023 Farm Bill has larger fish to fry.
Despite of this, the ripple effects of any changes in this hemp industry could be profound. Especially when you consider the growing interest of both small and large hemp businesses.
The Future: (CANNRA Proposition for 2024)
In September 2023, CANNRA called to modify the definition of hemp, written in a way to reverse the perceived uncertainties of the 2018 definition.
The statement released was directed to the chairman and the ranking member of the House Committee on Agriculture, as well as to the chairwoman and the ranking member of the Senate Committee on Agriculture, Nutrition, and Forestry.
Yup. They’ve started greasing the right wheels.
And the new interpretation significantly contrasts with the current definition of hemp outlined in the 2018 Farm Bill.
The biggest changes?
Transitioning from Delta 9 THC to Total THC, still capping the concentration at 0.3% on a dry weight basis is one of them.
But this still casts a wider net over the spectrum of THC compounds.
If passed, you can say goodbye to THCA flower, Delta 9 gummies, and anything else that currently slides under the radar.
This nuanced change holds both the promise and the threat of seriously reshaping the spectrum of legal hemp products that many consumers currently enjoy.
According to some legal professionals, this would change the fate of legal hemp, essentially closing all the loopholes that currently allow intoxicating hemp-derived products to be legally sold on the market.
That’s right. Getting high on hemp could soon become a thing of the past.
To better understand the difference between the current and proposed change, let’s look at a few examples illustrating various scenarios under both definitions:
Here is a table illustrating the different scenarios under the 2018 Farm Bill and the proposed CANNRA definition:
| Scenario | 2018 Farm Bill Status | Delta 9 THC Concentration (2018) | Other THC Concentration (2018) | Proposed CANNRA Definition Status | Total THC Concentration (CANNRA) |
|---|---|---|---|---|---|
| Example 1 | Federally Legal | 0.2% | Delta 8: 0.15% | Not Legal | 0.35% |
| Example 2 | Federally Legal | 0.28% | THCA: 21% | Not Legal | 21.28% |
| Example 3 | Federally Legal | 0.23% | Delta 8: 50% | Not Legal | 50.23% |
This table shows how the same products would be legally classified under the two different definitions, highlighting the significant impact of the proposed changes in the CANNRA definition.
Example 1
- Under the 2018 Farm Bill: Federally legal
- Delta 9 THC concentration: 0.2%
- Delta 8 THC concentration: 0.15%
- Considered federally legal as only the Delta 9 THC concentration is considered, which is below the 0.3% threshold.
- Under the Proposed CANNRA Definition: Not legal
- Total THC concentration: 0.2% + 0.15% = 0.35%
- This product would no longer be considered legal hemp as the total THC concentration exceeds the 0.3% threshold.
Example 2
- Under the 2018 Farm Bill: Federally legal
- Delta 9 THC concentration: 0.28%
- THCA concentration: 21%
- The plant is considered legal hemp as only the Delta 9 THC concentration is considered, which is below the 0.3% threshold.
- Under the Proposed CANNRA Definition: Not legal
- Total THC concentration: 0.28% + 21% = 21.28%
- This product would no longer be considered legal hemp as the Total THC concentration exceeds the 0.3% threshold.
Example 3
- Under the 2018 Farm Bill: Federally legal
- Delta 9 THC concentration: 0.23%
- Delta 8 THC concentration: 50%
- The plant is considered legal hemp as only the Delta 9 THC concentration is considered, which is below the 0.3% threshold.
- Under the Proposed CANNRA Definition: Not legal
- Total THC concentration: 0.23% + 50% = 50.23%
- This product would no longer be considered legal hemp as the Total THC concentration exceeds the 0.3% threshold.
See how profound the impact might be if new legislation transitions from Delta 9 THC to total THC?
Yup. It’s huge.
If a wider range of THC compounds are included in the concentration calculation, this could potentially reclassify several existing hemp varieties and have a significant ripple effect across the entire cannabis industry.
Ripple Effects on the Hemp and Cannabis Industry
The ripple of the proposed redefinition is poised to touch various shores of the hemp and cannabis industry.
It would honestly change everything.
By encompassing all types of THC, the new definition would potentially reclassify several existing popular products.
For instance, THCA flower, despite being compliant with current hemp-derived Delta 9 laws, could become illegal because of its total THC concentration.
Seeds of Change
The hemp seed industry is also at a crossroads with the proposed definition.
The CANNRA terms suggest that hemp will no longer include seeds if those seeds are destined to produce a total THC concentration exceeding 0.3%.
Ultimately, this challenges the legality of many seeds currently legally available on the market.
The Future Of Hemp-Derived Cannabinoids
Adding to the discourse is introducing a new term: “hemp-derived cannabinoid products.”
What makes this new term so important when considering possible changes to current hemp legislation?
This term encompasses any hemp-derived product intended for human consumption or inhalation containing cannabinoids in any form.
This broader categorization could impact a wide range of products, especially those refreshing and fabulous hemp-infused THC beverages and other edibles.
Charting the Course Forward
For stakeholders, the scenario currently unfolding is an opportunity to voice concerns or support for the proposed redefinition.
By reaching out to their representatives in Congress, great change can occur as the cannabis industry moves steadily forward.
Engaging in the legislative process is crucial for stakeholders.
By doing so, they help contribute to shaping new laws and regulations in the hemp and cannabis industry not only today but also in the future.
Conclusion
The 2024 Farm Bill, if aligned with CANNRA’s recommendations, is poised to redefine hemp significantly.
The changes to the hemp industry could be huge.
It’s imperative stakeholders and consumers stay updated on any proposed changes and actively engage with the legislative process.
This is the only way to advocate for favorable outcomes in the industry’s rapidly shifting regulatory framework.
We invite readers to share their insights and opinions on the proposed redefinition of hemp.
The legal hemp industry didn’t make it this far to get shut down once again. Reach out to your elected representatives and let them know how you feel about this!
Your involvement can significantly impact the future of the world’s most controversial plant and help change the future legal landscape of hemp and cannabis forever.
