An Expiration Date On The Current Hemp Industry Is Set – Or Is It?
following the reopening of the federal government in November, hemp producers and consumers are on a ticking clock – but new legislation could offer more time
McKenna Scherer, photos by Andrea Paulseth
The will-they-won’t-they question mark stamped on the state of Wisconsin’s hemp industry has been punted to a crucial crossroads following the federal government’s reopening this past November.
While President Donald Trump’s signing of a funding bill ended the longest shutdown in history, it also included an expiration date for much of the hemp-derived products currently available on the market.
The bill is slated to go into effect in November of this year – closing the 2018 Farm Bill’s “loophole” which allowed for an industry boom for hemp, including in Wisconsin – and will ban products containing any of the following:
- Delta-8 THC – cannabinoids that are synthesized or manufactured outside of the plant
- HHC – cannabinoids that are not capable of being naturally produced by the plant
- More than 0.3% of total THC (including THCA) or other cannabinoids with similar effects
- More than 0.4 milligrams of total THC per container
An industry-wide scramble has since ensued; business owners and producers to legislators have continued to point to the tight timeframe laid out by the shutdown-ending bill.
Some state legislation has been brought forth since then, proposing other routes – still with restrictive rules for the hemp industry – including SB-681 and SB-682.
SB-681 proposes modeling regulations on hemp-derived cannabinoid products after Wisconsin’s alcohol beverage laws. It would require manufacturers, distributors and retailers to hold state and local licensing; meet various testing and packaging standards; and age restrict products to those ages 21 and over.
SB-682 would also place a 21-plus age restriction on hemp-derived cannabinoid products as well as require a Certificate of Analysis (COA). Hemp-derived drinks, too, would be restricted to 10 milligrams of THC or less per serving, with no more than two servings allowed.
More shifts have occurred at the federal level as well since November of last year, including a Dec. 18 action from the White House, which proposes reclassifying marijuana from its current Schedule I status – the most restrictive – to a Schedule III drug. This would still lead to regulations on hemp-derived products, including a potency limit, in the name of allowing additional research for medical purposes.
This is not a partisan issue. I urge both Republicans and Democrats to come together and support this commonsense extension. –Rep. James Baird (R-Ind.), co-sponsor of the Hemp Planting Predictability Act
Just days ago on Jan. 12, a bipartisan bill was introduced, tossing a lifeline to the hemp industry. The Hemp Planting Predictability Act would delay the federal ban by an additional two years, allowing producers and retailers time to adjust – and for additional changes to the ban to come about.
Rep. James Baird (R-Ind.), a co-sponsor of the bill, was to the point during a Jan. 15 press conference about the future of the U.S. hemp industry.
“Congress should not have passed such a sweeping policy change that upends a growing industry. Instead, Congress should have given farmers more time, creating a more stable environment for farmers to modify their future planting decisions,” Baird said.
“This is not a partisan issue,” he continued. “I urge both Republicans and Democrats to come together and support this commonsense extension.”
If the Hemp Planting Predictability Act does make it to the president’s desk, Wisconsinites – and states across the nation – will find themselves back at a crossroads.
The statewide and national hemp industry is going to see changes this year, though the specifics continue to shift practically each day. Keep up with local, statewide and national news as the year progresses for more updates.