An effort is underway to bring together federal lawmakers representing Minnesota to reduce the Trump administration’s recently enacted ban on hemp-derived THC to states seeking to regulate cannabinoid products, a congressional Democrat told Marijuana Moment.
But a GOP congressman who helped secure the ban signed into law by President Donald Trump last week says he is unconcerned by attempts to roll back the existing law, dismissing arguments about the effects of policy changes as “desperate criminals in an industry that loses billions of dollars by selling intoxicants to children.”
Rep. Ilhan Omar (D-MN), co-chair of the Congressional Cannabis Caucus, told Marihuana Moment on Tuesday that he and other lawmakers are working to see if they can get “exemptions” from the ban “for states that have already expanded their hemp policies.”
“A large part of our economy is already being absorbed by the hemp industry, and it will be a tragedy for the industries that already exist in states like Minnesota,” he said.
The congressman said the office here has been working to “gauge interest” among colleagues in Minnesota about the possibility of signing a letter to the Trump administration, outlining their concerns about the change in hemp policy and that states should have the power to enact their own cannabis laws without federal interference.
That’s what Omar said many Democrats voted against a motion to kill the appropriations legislation amendment It was sponsored by Sen. Rand Paul (R-KY) in an effort to counter the hemp language, which was championed by Sen. Mitch McConnell (R-KY). There are other Republicans “on this side of the chamber, so we’ll see if we can get movement in that regard,” he said.
Asked if the Cannabis Caucus is coordinating the effort, Omar said he’s mainly talking to members of the Minnesota congressional delegation, “because if we can move them, we can try to build a broader coalition.”
“Affected states need to speak up before advocates get involved,” he said.
Rep. Andy Harris (R-MD), who co-sponsored the ban with McConnell, is making sure the prohibitionist policy remains intact.
“Federal law supersedes state laws on scheduled substances,” he told Marijuana Moment. “Otherwise we will curb an unregulated industry that sells toxins to children.”
A federal hemp ban – which would set a THC limit for cannabinoid products so low that many stakeholders say it would effectively upend the industry.it’s been especially hot in Minnesotawhere lawmakers legalized hemp-derived THC beverages and established a regulatory framework for these products before the state legalized adult marijuana.
Many were caught by surprise when Minnesota Attorney General Keith Ellison, a Democrat, joined 38 of his state and territory peers in a letter to congressional leaders earlier this month in expressing support for the hemp provisions in the spending bill signed by Trump.
Ellison later, he defended his decision to sign that lettersaying that while he supports the state’s marijuana laws — as well as “Minnesota’s edible THC industry, which follows state law” — the so-called “loophole” in the federal hemp statute puts his state at risk by allowing potentially non-compliant, out-of-state cannabinoid products to enter the Minnesota market.
However, there is widespread uproar about criminalization again, and parents of cannabis patients, veterinarians and Agents like Joe Roganfor example
In response to the hemp ban, Rep. Nancy Mace (R-SC) recently began circulating a bill. repealing the provisions that are against the credit legislation. But some stakeholders worry that approach could backfire, and hope to introduce bipartisan bills in the near future that would provide a strong regulatory framework for intoxicating hemp products as a viable alternative to a blanket ban.
Meanwhile, GOP political operative Roger Stone said this week that Donald Trump was the president effectively “forced” Republican lawmakers to sign the spending bill with language to ban hemp THC.
However, a White House spokesman said before signing the bill Trump was particularly supportive of the ban’s language.
Kentucky’s Democratic governor said as much last week the hemp industry is an “important” part of the economy that deserves to be regulated at the state level—instead of being banned federally, as Congress has done—.
Additionally, a leading veterans organization is alerting Congressional leaders to the recently passed blanket ban on consumable hemp products. could inadvertently “close the door” on critical inquiry.
Many hemp participants argue that a ban would effectively wipe out the industry, even if enforced Non-toxic CBD products that people use for medical reasons— There is a hidden hope that they can reach an agreement with the legislators before the ban is implemented next year.
Lawmakers like Sen. Chris Van Hollen (D-MD) also say the window could allow them to advance legislation to create an alternative regulatory model for consumer hemp products.
There were Attempts by GOP lawmakers in both chambers to kill the hemp ban provision. But the amendments proposed by Reps. Paul and Thomas Massie (R-KY) were not included in the final package.
Massie tried to revive momentum in the House with an amendment mirroring Paul’s, but its chances of passage were dubious at best, as there was general agreement within the Republican caucus that the spending bill could return to the Senate without further changes.
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Since 2018, cannabis products have been considered legal hemp if they contain less than 0.3 percent delta-9 THC by dry weight.
The new legislation specifies that, within a year of taking effect, the weight will be applied to total THC—including delta-8 and other isomers. Also, “as tetrahydrocannabinol (or any other marketed cannabinoid) with similar effects in humans or animals (as determined by the Secretary of Health and Human Services).”
The new definition of legal hemp will also prohibit “any hemp-derived cannabinoid intermediate product marketed or sold as an end product or directly to an end consumer for personal or household use” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or that are unable to produce it naturally.
Legal hemp products will be limited to a total of 0.4 milligrams of total THC or any other cannabinoid with similar effects per container.
Within 90 days of the bill’s passage, the Food and Drug Administration (FDA) and other agencies must “publish a list of all cannabinoids known to the FDA to be naturally produced by a Cannabis sativa L. plant, as reflected in the peer-reviewed literature,” which include “all tetrahydrocannabinol classes known” in natural plants and “known cannabinoids.” cannabinoids that have or are marketed as having effects similar to cannabinoids of the tetrahydrocannabinol class.
The language differs slightly from provisions in legislation advanced out of the House and Senate Appropriations panels, which would have banned products with “quantifiable” amounts of THC, to be determined by the HHS secretary and the agriculture secretary.
Meanwhile, advocates are sharply criticizing congressional leaders for advancing a spending bill that also omits bipartisan provisions ahead of Veterans Day. Allowing the US Department of Veterans Affairs (VA) to prescribe medical cannabis to doctors to patients in states where it is legal—although the policy was approved by the full Senate and House earlier this year.
LCB Contributed reporting from Washington DC
Brendan Cleak’s photo.