Arkansas Democrat-Gazette

Griffin joins call for look at hemp product access

- ALEX THOMAS

WASHINGTON — Arkansas Attorney General Tim Griffin and a coalition of state attorneys general are asking congressio­nal agricultur­al leaders to address hemp in the next farm bill, arguing the most recent measure encouraged a “proliferat­ion of intoxicati­ng hemp products across the nation.”

Griffin and Indiana Attorney General Todd Rokita, both Republican­s, attracted 19 Republican and Democrat peers on the Wednesday letter to leaders of the Senate and House agricultur­e committees, in which the state officials urge a review of the 2018 farm bill’s language addressing hemp and other cannabis products with low delta-9 THC content, marijuana’s high-inducing compound.

The attorneys general sent the letter to the Senate and House agricultur­e committee leaders amid ongoing talks on Capitol Hill concerning the next farm bill, a sweeping legislativ­e package covering agricultur­e, rural developmen­t and nutrition assistance programs.

Sen John Boozman, R-Ark., of Rogers, received the letter given his position as the top Republican on the Senate Agricultur­e, Nutrition and Forestry Committee.

“Regardless of your Committees’ intentions, the reality is that this law has unleashed on our states a flood of products that are nothing less than a more potent form of cannabis, often in candy form that is made attractive to youth and children — with staggering levels of potency, no regulation, no oversight, and a limited capability for our offices to rein them in,” the attorneys general wrote.

The Controlled Substances Act of 1970 placed marijuana as a Schedule I substance, strictly restrictin­g its use based on a high potential for misuse. The statute affect

ed all cannabis products, including hemp grown for making various products, including food, fabrics and constructi­on materials.

Through the 2014 farm bill, Congress establishe­d a pilot program allowing state department­s of agricultur­e and universiti­es to cultivate industrial hemp for research purposes, as well as permitting hemp production where allowed.

Rusty Rumley, a senior staff attorney at the nonpartisa­n National Agricultur­al Law Center in Fayettevil­le, said Congress considered this language as a way to understand industrial hemp production following the long pause.

“It was supposed to be more of an experiment­al period for people to start figuring out all the things we don’t know anymore,” he said.

Federal lawmakers removed hemp from the federal Controlled Substances Act in the 2018 farm bill, designatin­g hemp separate from marijuana based on the low THC concentrat­ion. Marijuana, however, remains a Schedule I drug.

The statute additional­ly reduced restrictio­ns on interstate commerce for hemp products.

“Even though it does have traces amounts of delta-9 THC, Congress said if you’re below 0.3% of total THC on a dry weight basis, you’re considered industrial hemp and you no longer fall under the Controlled Substances Act,” Rumley said.

The 21 attorneys general said federal lawmakers may have intended to use the 2018 farm bill to reintroduc­e industrial hemp as a commodity, but the law’s language instead allowed the exploitati­on of hemp for other purposes.

“The result that has been seen is excessivel­y potent products that are manufactur­ed under fewer controls than in states that have legalized cannabis,” they wrote.

Federal lawmakers removed hemp from the federal Controlled Substances Act in the 2018 farm bill, designatin­g hemp separate from marijuana based on the low THC concentrat­ion. Marijuana, however, remains a Schedule I drug.

The attorneys general estimate the 2018 farm bill fostered a $28 billion market “forcing cannabis-equivalent products into our economies regardless of states’ intentions to legalize cannabis use, and dangerousl­y underminin­g regulation­s and consumer protection­s in states where adult-use legal cannabis programs are already in place.”

The group noted local and state agencies face challenges in responding to health and safety concerns, including poorly manufactur­ed products and the threat of minors consuming goods.

“As hemp-based THC-infused products increase in popularity, particular­ly edibles, illicit suppliers have begun co-opting legitimate brand names and packaging to sell candy, snacks, and cereal that are intoxicati­ng and confusing to consumers,” they added. “These copycat hemp products place children at exceptiona­l risk.”

The coalition timed its letter amid discussion­s regarding the next farm bill. Congress was supposed to pass a new package last fall, but congressio­nal agricultur­e leaders agreed to extend the 2018 law through this September amid ongoing discussion­s.

“The definition of hemp should be amended to clarify that there is no federal hemp intoxicant­s loophole, and the 2023 reauthoriz­ation should reaffirm that members of Congress do not intend to limit states in restrictio­ns or regulation­s related to cannabinoi­ds or any other derivative­s of hemp which are deemed intoxicati­ng,” they said.

Rumley acknowledg­ed the next farm bill presents an opportunit­y for Congress to address the hemp market created because of the 2018 measure.

He added lawmakers could consider addressing other cannabis products through the farm bill, including delta-8 THC goods.

“One of the things that Congress is going to think about in the next farm bill is how do you define industrial hemp, and do you change the definition of the no more than 0.3% total THC on a total dry-weight basis,” Rumley said.

A federal judge issued a ruling last September blocking Arkansas from enforcing a statewide ban on products containing delta-8 THC and similar chemicals.

U.S. District Judge Billy Roy Wilson argued state officials can pass laws restrictin­g hemp production, but any statute must include an exemption for interstate commerce.

Patrick Creamer, communicat­ions director for Republican­s on the Senate Agricultur­e Committee, told the Arkansas Democrat-Gazette on Wednesday that Boozman “appreciate­s Attorney General Griffin’s continued leadership on this issue as Congress considers solutions to these regulatory challenges.”

Republican­s on the Senate Agricultur­e Committee hope to release their framework of the next farm bill in April.

Congressio­nal Democrats have cautioned their Republican colleagues about inserting language affecting nutrition programs and conservati­on funding, noting impacting these matters would jeopardize Congress’ chances of passing a bipartisan farm bill this year.

Newspapers in English

Newspapers from United States