Federal Ban Could Reshape Hemp Industry

Bill To End Government Shutdown Alters Hemp Industry

A provision tucked into the major spending bill that ended the government shutdown has drawn attention for proposing the ban of many intoxicating hemp-derived THC products, including gummies, drinks, and other edibles that use hemp extracts to produce psychoactive effects. The measure would significantly alter the billion-dollar hemp industry, which has flourished since the passage of the 2018 Farm Bill.

What Does The Provision Entail?

Proponents of the measure see it as the answer to a loophole that the Farm Bill created when legalizing hemp, defining it as cannabis sativa L. containing no more than 0.3% delta-9-THC by dry weight. In doing so, that legislation removed hemp and its derivatives from the federal list of controlled substances. However, it did not anticipate the sharp rise of chemically altered cannabinoids like delta-8-THC and other variations, which produce a high, and have become widely available for purchase at gas stations, convenience stores, and online.

The provision looks to redefine and limit which hemp-derived cannabinoid products qualify as legal hemp and outlaw those that create intoxicating effects, regardless of their delta-9-THC concentration. The measure will impose limits on the total amount of THC allowed per container, and products that no longer qualify as legal hemp could be treated as controlled substances.

Moving forward, hemp-derived cannabinoid products will be federally illegal if they contain:

• Cannabinoids that are synthesized or manufactured outside the plant (delta-8 THC)
• Cannabinoids that are not naturally produced by the plant
• More than 0.3% total THC or other cannabinoids with similar effects
• More than 0.4 milligrams of total THC per container

The US Food and Drug Administration has 90 days to compile a list of natural and synthetic cannabinoids and provide a definition for “container.” The ban would then go into effect in one year, on November 13, 2026.

Economic Considerations

Critics of the ban argue that the measure would have catastrophic effects on both the hemp industry and the US economy, with the elimination of thousands of jobs and billions in economic activity.

While the provision intends to leave many CBD products (like oils and lotions) untouched, industry advocates claim that up to 95% of the current hemp ingestible market would be banned under the new rule. Additionally, states like Kentucky, where hemp has become a major crop, are concerned that this new policy could wipe out what they see as the first new crop opportunity in decades.

Public Health And Safety Concerns Surround Hemp-Derived Products

Advocates of the provision cite numerous safety concerns with these products, including insufficient regulation, accessibility by minors, and understudied health risks. Reports from poison control centers and the US Food and Drug Administration have documented cases of accidental ingestion by minors and cases of intoxication linked to delta-8 THC products, which are often sold with minimal labeling regulations.

Additionally, literature remains limited on the long-term health effects and safety of these new hemp-derived derivatives; lawmakers claim that this measure will give more time for scientific data to be collected to ensure user safety. 

What Are The Effects Of THC?

Supporters and critics alike see that marijuana use is rapidly increasing in the US, with 61.9 million Americans having used the drug. People are drawn to marijuana due to the effects of THC, which is the main psychoactive component in the cannabis plant. THC creates the high felt from marijuana use and influences brain receptors that play a key role in healthy brain development.

THC’s impacts on the brain can include:

• Impaired memory
• Difficulty focusing
• Learning difficulties
• Mood fluctuations
• Impaired coordination
• Altered sense of time
• Psychosis, including hallucinations, delusions, and paranoia

While more research is needed to fully comprehend the long-term effects of marijuana use, data show that repeated use can lead to marijuana addiction, with long-term health effects being a possible result.

Get Help For Marijuana Addiction

This measure highlights the growing debate surrounding THC use and the larger cultural conversation around marijuana. If you are struggling with marijuana dependence or addiction, know that help is available. Psychotherapy, received in-person or online, is often a first-line support in quitting marijuana use. Explore your online therapy options today to get started.