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Lead-in: Yesterday, after a 43-day shutdown, Congress finally re-opened the government. A small piece of the legislation that was passed to re-open the government will make a significant change to the hemp industry (Section 781), but the change will not take effect for 1 year. In 2018, the Farm Bill legalized hemp – for a plant or product to be classified as hemp it meant that there was no more than 0.3% delta-9 tetrahydrocannabinol (THC), the primary psychoactive compound found in cannabis. Through scientific processes, manufacturers have been able to take legal hemp (0.3% THC), like drinks and edibles. These intoxicating “hemp” products have proliferated nationwide in gas stations, convenience stores, smoke shops, and similar businesses. For the vast majority, these intoxicating hemp products are completely unregulated for consumer safety. However, through the enactment of HR 5371, the hemp loophole is being closed. Now, “any final hemp-derived cannabinoid products” – like drinks, edibles, or other products intended for human or animal consumption – may not contain more than 0.4mg per container of THC or other cannabinoids that have similar effects to THC or which marketed as having similar effects. The relevant portion of the bill can be found here.
