United States: Congress Rejects Ban on THC Derived from Hemp

The battle over the hemp continues in the United States. On Tuesday, the House of Representatives passed a bill by a vote of 370 to 48 that postpones the deadline to December 11 some of the new federal restrictions on hemp-derived cannabinoid products. The bill, which has already been approved by the Senate, is now set to reach the president's desk Donald Trump.

The original schedule called for the new rules to take effect on November 12. The one-month delay therefore does not jeopardize the reform, but gives lawmakers additional time to try to define a regulatory framework that could replace a blanket ban.

A Respite for the Hemp Market

The reform adopted last year is expected to significantly change the federal definition of hemp. In particular, it sets a cap of 0.4 milligrams of total THC per container for finished products. This limit could exclude many products containing Full-spectrum CBD, which may naturally contain small amounts of THC without being intended to produce an intoxicating effect.

However, the postponement is not absolute. Products containing cannabinoids that cannot be produced naturally by the plant will still lose their hemp status as of November 12. The other controversial provisions—including those concerning certain naturally occurring cannabinoids that are produced through conversion, as well as the new THC threshold—have been postponed until December 11.

This distinction is particularly important for molecules such as the delta-8 THC. It may occur naturally in the plant, but commercial products are generally made from hemp-derived CBD. The production method thus becomes a central element of future regulations.

CBD could be one of the major issues

The U.S. debate is no longer limited to intoxicating substances. The future regulatory framework could also have implications for the CBD, which has already been grappling with incomplete federal regulations for several years.

The Farm Bill of 2018 had paved the way for the federal commercialization of hemp, based in particular on a threshold of 0.3% of delta-9 THC. This definition subsequently contributed to the development of a vast market for products containing psychoactive cannabinoids, including delta-8 THC, THCA, and other compounds.

However, the new threshold of 0.4 mg per container could exceed the reform’s initial target and affect products such as Full-spectrum CBD which do not necessarily have the same characteristics as intoxicating substances.

The Trump administration itself has asked Congress to maintain access to certain CBD products. In particular, the U.S. government has emphasized their use by older adults and other consumers, while a program of the Centers for Medicare & Medicaid Services (CMS) already provides for coverage of certain hemp-derived products.

THC-infused beverages have a regulatory pathway

Among the products currently threatened by the reform are the low-dose THC beverages have one of the most well-structured regulatory proposals.

The Beverage Regulatory Parity Act, introduced by Republican Beth Van Duyne and Democrat Greg Landsman, proposes regulating these beverages using a model inspired by the system governing alcohol. The bill specifically calls for a minimum age of 21, mandatory testing, federal licensing, THC limits, packaging warnings, and a federal tax. States would be able to maintain their own restrictions or ban these products.

This proposal has the support of companies specializing in hemp-based beverages, as well as distributors and alcohol retailers.

Appointment scheduled for December

Other lawmakers advocate different approaches. The Republican Morgan Griffith In particular, it seeks to bring hemp products intended for human consumption under a regulatory framework overseen by the FDA. The bill, known as the HEMP Act, aims to establish federal regulations concerning, among other things, safety and marketing.

For his part, the representative Andy Barr is working on a proposal to ban certain psychoactive cannabinoids while maintaining a regulatory pathway for non-psychoactive CBD.

However, the industry remains deeply divided. Chris Lindsey of the American Trade Association for Cannabis and Hemp believes that the postponement merely delays the problem.

«This loophole benefits malicious actors, threatens public health, and undermines state regulations,» Lindsey said. «We urge Congress to put an end to [this scourge].»

For Congress, the new deadline for the December 11 will therefore be decisive. Lawmakers will need to determine, in particular, how to protect non-intoxicating CBD products, what status to grant to beverages with low THC content, and to what extent to extend regulations to other cannabinoids derived from hemp.