Hemp Provisions in the House Farm Bill and FY2025 Agriculture Appropriations Bill

Hemp Provisions in the House Farm Bill and FY2025 Agriculture Appropriations Bill

INSIGHTi

Hemp Provisions in the House Farm Bill and
FY2025 Agriculture Appropriations Bill
June 17, 2024
Recent action by the House Agriculture Committee on the next farm bill (Farm, Food, and National
Security Act of 2024; H.R. 8467, as amended) and the House Agriculture Appropriations Subcommittee
on the FY2025 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
Appropriations bill would amend the Domestic Hemp Production Program (§§1639o-s) administered by
the U.S. Department of Agriculture (USDA) to prohibit the commercial production, sale, and distribution
of certain intoxicating hemp derivatives and products. Congress is continuing to debate these proposed
changes as it proceeds to consider these bills. These provisions have both supporters and detractors.
Existing Hemp-Related Requirements
The 2018 farm bill (Agriculture Improvement Act of 2018; P.L. 115-334, §12619) legalized hemp by
establishing a statutory definition for hemp (§7 U.S.C. §1639o) that excludes hemp from the definition of
marijuana (21 U.S.C. §802(16)) under the Controlled Substances Act (CSA; 21 U.S.C. §§801 et seq.) and
oversight by the U.S. Drug Enforcement Administration (DEA) (botanically, hemp and marijuana are
from the same species of plant, Cannabis sativa L). The 2018 farm bill (P.L. 115-334, §§10113-10114)
established the Domestic Hemp Production Program (§§1639o-s) requiring hemp producers comply with
USDA regulations promulgated in consultation with the U.S. Attorney General (7 U.S.C. §1639r(a)(1)(B)
and §1639q(c)(3)). USDA issued its final hemp regulations in January 2021. In enacting the 2018 farm
bill, Congress preserved the laws and regulations of the Food and Drug Administration (FDA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA; 21 U.S.C. §§301 et seq.) regarding hemp-derived
products (7 U.S.C. §1639r(c)). FDA continues to assert that products containing cannabis and cannabis-
derived compounds, including cannabidiol (CBD), tetrahydrocannabinol (THC) derivatives, and other
cannabinoids remain under its jurisdiction and that it is “unlawful” under the FFDCA “to introduce food
containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in,
dietary supplements, regardless of whether the substances are hemp-derived.”
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House Agriculture Committee’s 2024 Farm Bill
The House Agriculture Committee passed a 2024 farm bill (Farm, Food, and National Security Act of
2024; H.R. 8467) on May 23, 2024, and would add new and modify existing statutory definitions related
to hemp cultivation and its products, and make certain changes to how hemp is regulated by USDA.
H.R. 8467 (§10006) would add a new statutory definition of industrial hemp to mean hemp grown for
fiber or for the “whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative,
mixture, preparation, or manufacture of the seeds of such plant,” among other related changes. H.R. 8467
would relax certain regulatory requirements for producers of industrial hemp only, including to reduce or
eliminate testing requirements and background checks, and take steps to eliminate the existing 10-year
period of ineligibility following the date of conviction for a felony related to a controlled substance.
Changes related to industrial hemp in H.R. 8467 broadly reflect proposed changes in H.R. 3755/S. 980.
In addition, H.R. 8467 as amended in an en bloc amendment (#35) would make changes to clarify the
types of hemp cannabinoid products that would be considered lawful under USDA’s hemp program. (As
of June 17, 2024, text on congress.gov is not updated.) As passed by committee, the bill would redefine
the existing statutory definition of hemp (7 U.S.C. §1639o) by replacing language basing the legal limits
for hemp on its delta-9 tetrahydrocannabinol (delta-9 THC) concentration and instead basing the
definition on hemp’s “total tetrahydrocannabinol [Total THC] (including tetrahydrocannabinol acid
(THCA]) concentration.” Other statutory language regarding hemp “derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not” would remain unchanged. The
amendment specifies that hemp would exclude non-naturally occurring synthetic and intoxicating
products (i.e., allows only naturally occurring or derived nonintoxicating products). While the amendment
does not define intoxicating, it would prohibit hemp cannabinoid products with “quantifiable amounts” of
Total THC (including THCA) or any other cannabinoids that have (or are marketed to have) “similar
effects on humans or animals” as THC, as determined by USDA. This would not prohibit all hemp
cannabinoid products, such as CBD, but would require determinations by USDA based on available
scientific research and quantification methods. This approach recognizes the rapidly evolving landscape
of hemp derivatives. The amendment further adds a statutory definition of a hemp cannabinoid product
that would exclude those derived from industrial hemp.
Changing the basis for determining the legal limits for hemp on its Total THC (including THCA)
concentration is broadly consistent with regulatory practices established by USDA. (USDA’s 2021 final
hemp regulations provide a rationale for this determination.) The exclusion of synthetic compounds is
consistent with an April 2024 determination by DEA regarding the control status of cannabis compound,
hexahydrocannabinol (HHC) under DEA laws. In that case, DEA determined that HHC “does not occur
naturally in the Cannabis sativa L. plant and can only be obtained synthetically, and therefore does not
fall under the definition of hemp.” Some states have adopted or are considering similar restrictions. These
include prohibition of intoxicating hemp cannabinoid products or regulating such products under a state’s
medical or recreational marijuana regulations, thus limiting access through a licensed state dispensary.
House Subcommittee on FY2025 Agriculture
Appropriations
The House Agriculture Appropriations Subcommittee’s FY2025 Agriculture Appropriations bill includes
a provision (§760) that is nearly identical to the en bloc amendment (#35) discussed above. (As of June
17, 2024, text on congress.gov is not updated.) Accordingly, the bill would clarify that hemp include only
naturally occurring, non-synthetic, nonintoxicating hemp cannabinoid products and exclude those with
“quantifiable amounts” of Total THC (including THCA) that have (or are marketed to have) similar

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effects as THC, as determined by USDA in consultation with FDA. (Similar to as described above). The
appropriations provision, however, does not include a definition of industrial hemp, although the bill
makes allowances for industrial hemp for use in hemp cannabinoid products. This exclusion could create
confusion since the term is not defined. Appropriations acts usually do not amend the U.S. Code;
however, this is possible pending resolution of points of order under House rules.

Author Information

Renée Johnson

Specialist in Agricultural Policy

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