We’re steadily approaching the 2023 Farm Bill with this year’s upcoming renewal. All the while, regulatory institutions and leaders continue to navigate the uncharted waters of CBD and hemp regulation. Now, a new House bill could ease some of the current regulations for industrial hemp farmers.
Congressional lawmakers have filed a new bipartisan bill in the U.S. House of Representatives that, if passed, would reduce regulations for farmers growing industrial hemp for non-extraction purposes,
.The Industrial Hemp Act of 2023: A New Beginning?
Reps. Matt Rosendale (R-MT) and Chrissy Houlahan (D-PA) sponsor
, or the Industrial Hemp Act, a House companion to the Senate version introduced in March by Sens. Jon Tester (D-MT) and Mike Braun (R-IN).The new House measure would separate grain and fiber outputs from flower-derived products, including CBD and other cannabinoids. It would also remove a requirement that hemp fiber and grain growers must undergo background checks, and it would additionally eliminate mandatory sampling and crop testing.
Instead, the bill would require an annual visual inspection only. During this inspection, farmers would need to demonstrate their crop was grown for a purpose covered under the new definition of “industrial hemp.” Should farmers fail the initial visual review, they would need to provide documentation to show “a clear intent and in-field practices consistent with the designation” of industrial hemp. Regulators would only be able to physically test harvested plant material if farmers refused to do so.
The bill would also prevent states and tribal governments from placing further requirements on industrial hemp growers that are stricter than those outlined in the measure. It additionally states that anyone who knowingly produces hemp crops that are inconsistent with their designation will be ineligible to participate in the hemp industry for a five-year period.
CBD Regulation Still Up in the Air
The measure would also keep
and other hemp-derived cannabinoids under the U.S. Food & Drug Administration (FDA). The FDA is waiting on a law from Congress, which would establish the legality of the products and allow the agency to move forward to set regulations.Back in January, the FDA
it could not set regulations for until Congress clearly acted to regulate these products. This followed the legalization of hemp and other hemp-derived cannabinoids as a result of the 2018 Farm Bill.The lack of clarity could also be resolved in the upcoming 2023 Farm Bill, which is currently under consideration. The bill may likely include provisions to continue easing burdens on the hemp market, which saw a major decrease in value last year according to the
(USDA). Many stakeholders have blamed the FDA for this market shift, highlighting that the agency chose not to enact regulations to market hemp-derived cannabinoids in dietary supplements and the food supply.However, it looks like the legal path for CBD could be a lengthy one, according to comments made during an FDA webinar last month.
“We understand the urgency of establishing a regulatory framework for these products and providing regulatory certainty to consumers and industry,”
Norman Birenbaum, an FDA senior advisor and cannabis expert for the agency.
“Historically there’s been bipartisan interest in addressing this issue, particularly as the market has evolved,” he added.
Birenbaum affirmed that it’s up to Congress to resolve issues regarding CBD, while Patrick Cournoyer, senior science advisor and head of the agency’s Cannabis Product Committee, added that even once legality is established, the FDA rule making that follows is “quite a long process.”
The full text for the 2023 Industrial Hemp Act is available
.