The U.S. market for delta-8 THC and other hemp-derived cannabinoids is at risk of a federal ban following the approval of a new amendment by House lawmakers. According to The Hill, this amendment is part of the federal Farm Bill and aims to restrict intoxicating hemp products.
The amendment, proposed by Illinois Republican Rep. Mary Miller, seeks to establish two distinct categories of legal hemp:
- Hemp grown for cannabinoid extraction: This category includes “naturally occurring, naturally derived, and non-intoxicating cannabinoids.”
- Industrial hemp: This category encompasses material grown for non-cannabinoid-related purposes such as fiber and food.
These new definitions mark a significant departure from the language of the 2018 Farm Bill, which broadly legalized all products sourced from hemp, including delta-9 THC — the primary intoxicating ingredient found in cannabis — and other intoxicating cannabinoids. If implemented, the change could have severe consequences for the $28 billion hemp product industry.
The amendment’s future remains uncertain, as it must still navigate the politically divided House and be considered by the Senate. The Hemp Roundtable has expressed strong opposition, describing the changes as “hemp industry-killing” and urging lawmakers to reject the Farm Bill until the amendment is removed.
Aaron Smith, co-founder of the National Cannabis Industry Association, emphasized the need for “sensible federal regulations that apply equally to hemp- and marijuana-derived cannabinoid products.”
Earlier this year, 22 attorneys general sent a letter to Congress advocating for restrictions on the hemp-derived cannabinoid market. They argued that the 2018 federal Farm Bill had “unleashed… a flood of products that are nothing less than a more potent form of cannabis.”
Meanwhile, several states have already implemented policies restricting products containing hemp-derived delta-8 THC and other intoxicating cannabinoids, including states with their own regulated adult-use cannabis industries.
The debate over the regulation of hemp-derived cannabinoids continues, with significant implications for the industry’s future.
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