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Congress Should Delay The Federal Hemp Ban And Instead Enact Regulations For THC And CBD Products (Op-Ed)

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“Republicans, Democrats and independents understand that regulation is better than prohibition, and that good science takes time.”

By Mike Simpson, Lovewell Farms via Rhode Island Current

At a time when Americans across the political spectrum say they want evidence-based policy, Congress is on the verge of repeating a familiar mistake: ban first, learn later.

Bipartisan legislation recently introduced in the US House and Senate would delay it federal ban on hemp-derived products. This is not to legislate anything new, but to give regulators, researchers and farmers time to do what Congress says they want to do: collect data, set clear rules and regulate responsibly.

I write this as a hemp farmer and small business owner. Having started Lovewell Farms in 2018, I know firsthand the effects a ban on hemp-derived products would have on my farm, the only USDA-certified organic hemp farm in Rhode Island. Here’s what lawmakers don’t fully understand: Hemp isn’t something that can be turned on and off with a vote. Farmers need to know in the next 100 days whether the plant they will harvest in October will be legal in November.

The seeds are planted in April. The fields are cultivated all summer. The crops are harvested in October. The federal ban, which takes effect in November, lands after farmers commit to a full season of labor, capital and compliance costs. There is no back button for farming. This uncertainty is already forcing farms to close. A sudden ban would end the job.

The Senate bill (S.3686) was introduced by Senator Amy Klobuchar, Democrat of Minnesota, and co-sponsors Rand Paul, Republican of Kentucky, and Jeff Merkley, Democrat of Oregon. delaying the ban on hemp-derived products by two yearsAllowing Congress to explore regulatory alternatives rather than default to a ban. A House Bill (H.7010)Led by Republican Jim Baird, the Indiana Republican, also with bipartisan sponsors, would do the same.

Together, these bills recognize a basic agricultural reality: Farmers need predictability before they plant.

It is important to note that Congress is not only proposing a delay, but is debating the regulations. The Hemp Enforcement, Modernization, and Protection (HEMP) Act is another bipartisan bill introduced in the House (H.7212) that would establish a federal framework for hemp-derived products, including clear safety standards, labeling requirements, enforcement authority, and potency limits defined by product type. The proposal demonstrates that per-serve and per-package limits can achieve consumer protection and responsible oversight for oral, inhalable, topical, and THC-containing hemp products.

Taken together, these bills show that Congress has viable, bipartisan alternatives to an outright ban, should it choose to use them.

At this point, this is not a discussion about the limits of THC. The question is whether hemp policy will be driven by science or fear. That distinction matters because federal science is finally catching up. In 2025, the Trump administration issued an executive order directing federal agencies to expand cannabis and cannabidiol (CBD) research, including using large federal health data sets, such as Medicare records, to analyze safety, efficacy and outcomes.

The order did not legalize CBD or add it as a Medicare benefit, but it did expressly recognize that cannabinoids require rigorous scrutiny before policy decisions can be made. Congress is pushing for a ban at a time when the federal government is building the science-based research infrastructure needed to answer tough questions.

Concerns raised by opponents of hemp-derived products also argue for regulation, not bans. Whether the products require clearer labeling, age restrictions, potency standards or enforcement tools like those already in place in Rhode Island are state-by-state regulatory challenges. Rhode Island already regulates hemp products. Farmers and businesses here should not be penalized because other states have dragged their feet to create a regulated market.

Prohibition does not solve these problems; it simply pushes them out of sight, into unregulated markets that are less safe for consumers. Banning hemp would push production overseas. If hemp cultivation in the United States collapses, demand will not disappear. It will shift to cannabinoids imported from countries like Canada or China, where regulators in the United States have far less visibility or control. The result harms local farmers, consumers and public safety.

Rhode Island Reps. Gabe Amo and Seth Magaziner previously voted against a federal hemp ban embedded in a larger spending bill. That was the right call. Senators Jack Reed and Sheldon Whitehouse, however, specifically voted to keep the hemp ban language in the same bill. Rhode Island senators have an opportunity to support local farmers and small businesses by cosponsoring this bipartisan delay bill (S.3686). Rhode Island representatives can do the same with the corresponding House bill (H.7010).

This is one of the few issues in Congress that remains truly bipartisan. Republicans, Democrats, and independents understand that regulation is better than prohibition, and that good science takes time. Congress should not dismantle the $30 billion domestic agriculture industry with more than 300,000 jobs when meaningful investigations begin. A temporary delay protects farmers, supports small businesses, keeps hemp farming rooted here in the United States and allows policymakers to regulate with evidence rather than panic.

Prohibition without evidence is not politics. Rhode Island’s delegation should stand with farmers, small businesses and science by sponsoring bipartisan bills that delay this ban and allow the regulations to catch up to reality.

He is the creator of Mike Simpson Lovewell FarmsRhode Island’s only US Department of Agriculture (USDA) organic hemp farm. He is also a historian, educator, and longtime advocate for policy reform. He previously served as Deputy Director of Regulate Rhode Island and Initiative Coordinator for the Marihuana Policy Project in Maine. He currently resides in Providence and farms in the town of Hope Valley in Hopkinton.

This story was first published by the Rhode Island Current.

Max Jackson’s photo.

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New Zealand sun-grown cannabis site earns endorsement from Columbia University scientist

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Not all cannabis farms are visited by a Columbia University professor. Fewer still are singled out as the best place on earth to grow the plant. That’s what happened when Colin Nuckolls, a professor of organic chemistry at Columbia and one of the most cited independent researchers on the chemistry of cannabis, visited Puro’s Kēkerengū farm on the Kaikōura Coast earlier this year.

Puro has been cultivating medicinal cannabis in Marlborough since 2018, building its model around outdoor, organically certified production at two sites in the region. Kēkerengū Farm is located on the coast with mountain protection to the west, and the company has long pointed to its environment, long hours of sunshine, ocean air flow, warm days, cool nights and vibrant soil as the foundation of the quality of its product. Nuckolls, whose research focuses on the chemical differences between indoor and sun-grown cannabis, came up with the tools to evaluate that claim. “If I had to pick one place in the world to grow sun-grown cannabis, this would be it,” he said.

© Cigar

The endorsement carries scientific weight, as Nuckolls’ work addresses a gap that standard cannabis testing can hardly cover. Certificates of analysis measure a defined set of cannabinoids and terpenes, meaning two products grown under completely different conditions can appear identical on paper. His research shows that the picture is more complicated than that. “Sunlight creates complexity in the plant,” he said. “Sun grown cannabis represents a wider spectrum of compounds, more terpenes, more nuances, more chemistry that people value.”

The mechanism is evolutionary. Natural sunlight provides a full and dynamic light spectrum, including UV exposure, that plants have adapted to over millennia. Controlled indoor environments, however sophisticated, replicate only part of that equation.

The Kēkerengū site drew a close comparison with Northern California’s Humboldt County, one of the world’s most respected cannabis-growing regions. The two locations are located at roughly mirror-image latitudes on opposite sides of the equator and share a mountainous coastal profile. “This place is where you’d want to grow cannabis, like Humboldt County,” he said. “It’s the coast, the air is fresh and it’s mountainous. Nature does a lot of work in these areas, the growing conditions are ideal.”

For Puro, the visit was an independent validation of the company’s production philosophy since its inception. Marlborough’s sunshine hours are among the highest in New Zealand, and combined with the microclimate factors of the site where the farm is located, factors Nuckolls described as conditions “that technology cannot reproduce”.

For more information:
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www.puro.co.nz

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Kansas Officials Are Being Sued Over Raids Against Hemp Businesses

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“The lawsuit is a diversionary tactic from Indy Vapes and Abilene Vape and CBD making a business decision to ignore state law.”

By Maya Smith, Kansas Reflector

Three smoke and vapor stores are suing the state of Kansas, alleging Fourth Amendment violations in some of the raids in October.

The plaintiffs have filed against KBI Director Tony Mattivi, Attorney General Kris Kobach (R), KBI agents, local law enforcement and county attorneys. They allege illegal search and seizure and defective warrants.

The KBI and local law enforcement raided smoke and vapor shops in Concordia, Independence, Abilene, McPherson, Pratt, Salina, Topeka and Wichita late last year.

They were organized with the intention of making networks end lax enforcement of Kansas’ anti-marijuana and anti-THC lawsKobach stated in the press conference during the attacks.

The lawsuit alleges that officials confiscated the hemp-derived products under Kansas law on warrants between legal and illegal hemp products.

Smoke and vape shops say the warrants were flawed by failing to recognize that the types of hemp-derived products are legal in Kansas, with Indy Vapes’ orders from Independence stating that all THC derivatives are contraband.

The Kansas Controlled Substances Act states that industrial hemp and hemp-derived products are legal and not controlled substances if they contain less than 0.3 percent THC. Plaintiffs allege that they sell legal hemp products and purchase those products from established wholesalers.

Kobach’s office did not respond to repeated requests for comment for this story.

The stores said they lost thousands of dollars in inventory and that the seized inventory was probably destroyed. Mattivi said in a press conference during the raids that the KBI had sent the products to the seized laboratories for private testing.

According to the lawsuit, agents told employees not to film, boarded up the windows from the inside, and disconnected the store’s internet and store security cameras.

“The lawsuit is a diversionary tactic since Indy Vapes and Abilene Vape and CBD made a business decision to ignore state law, and now they want to blame law enforcement for what they knew was the likely outcome,” according to a KBI statement. “We will uphold our responsibility to enforce the laws of Kansas.”

The KBI said the warrants executed by agents gave them the authority to seize illegal products and contraband. The statement did not address the officers interfering with the recording.

This story was first published by the Kansas Reflector.

Photo elements courtesy of the user rawpixel and Philip Steffan.

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Examining regulatory changes to hemp cultivation in state

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Over the decades, the legality of hemp cultivation in the United States has undergone some changes. In 1970, the Controlled Substances Act made the cultivation of hemp completely illegal, along with the definition of “hemp” as “marijuana.” This criminalized approach to hemp changed with the 2018 Farm Bill, which removed hemp from the definition of “marijuana” and allowed states to create their own hemp regulation programs. In the past year, there has been a change in hemp cultivation regulations at the state level, as well as a change in the federal legal definition of “hemp.” Both of these changes will likely affect hemp growers.

After passing the 2018 Farm Bill, the state of Ohio, through the Ohio Department of Agriculture (ODA), submitted its plan to the United States Department of Agriculture (USDA) to regulate the cultivation and processing of hemp. In the spring of 2020, the ODA began accepting applications for the cultivation and processing of hemp.

as was shared in a blog post last summer, language included in the state operating budget passed in June 2025 gave up ODA’s authority to regulate hemp cultivation in the state. On July 25, 2025, the ODA began the process of transferring hemp cultivation regulation to the USDA. As of January 1, 2026, if you are growing hemp in Ohio, you must be licensed through the USDA, and all ODA cultivation licenses are revoked. The ODA continues to regulate hemp processors. ODA has a web page explaining these changes which is available here. For further reading, the state operating budget, HB 96, is available here.

Federal changes to the legal definition of “hemp.”
When hemp cultivation was legalized in the 2018 Farm Bill, Congress defined “hemp” as “Cannabis sativa L. plant and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether or not grown, with a deltabin (THC)-9 tetrabin (THC)-9 tetrabin concentration in excess of 0.3 percent dry weight.” After passing the 2018 Farm Bill, however, Congress discovered that this definition of “hemp” created an unintended loophole. Although delta-9 THC is the main psychoactive compound found in both hemp and marijuana that can cause intoxication, it is not the only compound. Since legalization, hemp products have been sold that contain no more than 0.3 percent delta-9 THC, but contain other cannabinoids, such as delta-8 THC, that can cause intoxication if ingested.

To close this loophole to allow for intoxicating hemp products, Congress changed the definition of hemp in HR 5371, which became law on November 12, 2025. The federal definition of hemp is now “Cannabis sativa L. plant and any part of that plant, including its seeds and all derivatives, extracts, isomers, isomers, isomers, acids, salts, isomers, acids, salts, isomers and acids. Whether or not growing, with a total (THC) concentration (including tetrahydrocannabinolic acid (THCA)) of more than 0.3 percent by dry weight.” As a result, instead of regulating only the amount of delta-9 THC, federal law now regulates the total THC concentration of hemp and its components. Thus, growers with hemp plants with a total THC concentration of more than 0.3 percent would be in violation of federal law. Importantly, this definition also applies to industrial hemp, or “hemp grown for use as seed stalk, whole grain, oil, cake, nut, hull, or any other non-cannabinoid derivative.” The new definition of hemp will go into effect one year after the law is signed, on November 12, 2026. The text of HR 5371 is available. here.

Source: The Ohio State University

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