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Hemp Advancement Act To Increase THC Limit But Harm Delta 8

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Hemp Advancement Act To Increase THC Limit But Harm Delta 8

The 2018 Farm Bill legalized industrial hemp, defined as containing no more than 0.3 percent Delta 9 THC. In 2019, Delta 8 came to the market and has grown exponentially in the few years since. Some states have banned the sale and consumption of Delta 8, like Nevada and North Dakota. Other states have embraced the hemp industry and its products. But lawmakers believe Delta 8 came about as part of a loophole in the 2018 Farm Bill wording. This is despite the DEA saying Delta 8 is not a controlled substance

Hemp Advancement Act Details

Representative Chellie Pingree, D – Maine, filed the Hemp Advancement Act of 2022 to try and counter some of the confusion over Delta 8. The act also addresses other concerns brought forward by hemp producers and investors. 

Addressing THC Concerns

Industrial hemp is currently defined as containing no more than 0.3 percent Delta 9 THC. Under Representative Pingree’s Act, industrial hemp would be redefined as containing no more than one percent THC. 

The act would also address the in-hemp process. When companies are testing hemp, sometimes the THC limit exceeds 0.3 percent Delta 9 THC. This led to a lot of concern for producers. They feared the DEA would show up during the processing phase and find the THC limit exceeded. This could lead to a loss of license and product as they were above the legal limit. The Hemp Advancement Act states in-hemp processing will not be subject to THC limitations as long as the final product is under one percent total THC.

The concern about increasing the THC limit to one percent under the Hemp Advancement Act is that the limit isn’t just for Delta 9, as previously stated. It’s a one percent limit on all THC, including Delta 8 and Delta 10. This could have severe impacts on the rising Delta 8 industry, which currently offer anywhere from 70 to 95 percent Delta 8 products to consumers 21 and over. 

THC Testing

Another part of the Hemp Advancement Act would remove the requirement that crops must be tested at a DEA licensed facility. There are a very limited number of licensed facilities that producers can have their crops tested at. Under the Act, producers can send their hemp crops to any agricultural lab to help speed up the testing process. 

“There are insufficient testing facilities. Right here in Maine, we don’t have one at all—and there’s two that cover all of New England,” Representative Pingree said about the proposed bill. “To eliminate this DEA requirement would take away one more obstacle that farmers are currently facing. Again, it takes it out of this realm of, you know, ‘this is [about] dealing drugs.’ This is an agricultural crop. Let’s assess it for appropriate reasons, but we don’t have to make it so sinister that everything has to be done by the DEA.”

Employment Options

Finally, the Hemp Advancement Act would remove the ban on hemp companies from employing anyone convicted with a drug felony. This limited the people who could work for any hemp companies at any position, from farmer to retailer. This also continues to harm communities hurt most by the war on drugs. 

“This ban treats hemp as if it was a controlled substance, and that people are trying to somehow engage in drug dealing or nefarious activities,” Representative Pingree explained. “As we all know, hemp is an agricultural crop, it has a whole different purpose. And like all agricultural enterprises right now, we have a labor shortage.

“To prohibit people with what seems like a very antiquated, backwards rule, it’s just damaging to the industry and for those individuals who want to participate,” she continued. “I hope we see smooth sailing on eliminating that ban.”

Next Steps

Following the Hemp Advancement Act’s introduction, Representative Pingree hopes to see bipartisan support push the bill forward. However, there’s a chance this bill could become a part of a 2023 Farm Bill, talks of which have already begun. 

“At the very least, my goal is to make sure that that language is included in one form or another in the Farm Bill because that’s, I think, where we have the greatest opportunity to make some significant change,” the representative said.

At this time, the Hemp Advancement Act has not received a bill number nor assigned to a committee for discussion. As more information becomes available, we will update you with the latest.

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