The hemp industry and its supporters are running out of time to persuade Congress to delay or block a looming ban on their products. Without congressional action, a ban on hemp-derived intoxicants will take effect in November, one year after it was included in last year's government funding legislation.
The ban was championed by Senator Mitch McConnell and has generated bipartisan interest in disruption, though time is rapidly running short for legislative intervention before the deadline arrives.
The Centers for Medicare and Medicaid Services recently launched a pilot program to reimburse patients for hemp-derived products like CBD. However, the upcoming ban could derail this initiative. The program will make certain Medicare and Medicaid recipients eligible for reimbursement of up to $500 worth of hemp products annually and aims to evaluate whether these products could reduce other health-related costs.
The ban creates a problem because it defines hemp products differently than the 2018 Farm Bill. While the Farm Bill permits cannabis products from plants containing less than 0.3% delta-9 THC, the new ban will make all products containing more than 0.4 milligrams of total THC federally illegal. According to Jonathan Miller of the US Hemp Roundtable, this "will criminalize the vast, vast majority of hemp products, including most non-intoxicating CBD products."
Industry advocates have been meeting with lawmakers to push for alternatives. Inesa Ponomariovaite, owner of Nesa's Hemp, recently met with members of Congress. She noted that during these meetings, she had to explain the endocannabinoid system to senators unfamiliar with it. The endocannabinoid system is a network of receptors throughout the brain and body that interacts with cannabinoids and helps regulate pain, memory, cognitive processing, and energy.
Several legislative efforts aim to address the ban. In December, Oregon Senator Ron Wyden reintroduced the Cannabinoid Safety and Regulation Act, which would replace the ban with regulations ensuring hemp products are safe and free of contaminants. Indiana Representative Jim Baird introduced a separate bill in January that would delay the ban for two years.
Miller attributes the lack of progress to political polarization. "Congress isn't passing anything these days, it's so polarized and so partisan that it's hard for them to pass even the most obvious bills," he said.
Ponomariovaite argues lawmakers are focusing on the wrong issue. Instead of determining which cannabis compounds should be legal or illegal, she says regulators should prioritize contamination concerns. Hemp naturally absorbs toxins from soil, including bacteria and metals, which can contaminate extracted products. A recent Forbes Health investigation found that some popular CBD products contained mold, yeast, and fungicide.
Ponomariovaite stated she remains optimistic Congress will act before November, though she warned that if the ban takes effect, her products will become less effective.