Amid a contentious debate over federal laws on intoxicating hemp products, congressional researchers have published a report outlining current policies and options for lawmakers to resolve outstanding issues related to a proposed THC ban.
The Congressional Research Service (CRS) report explains how, following the enactment of the 2018 Farm Bill during President Donald Trump’s first term, hemp containing up to 0.3 percent THC by dry weight was federally legalized. But now that policy is under scrutiny on Capitol Hill.
“Following the enactment of the 2018 farm bill, the cannabis industry began producing certain cannabis products that contain less than 0.3% delta-9 THC but a total THC concentration that exceeds 0.3%,” the report says. “Some of these products may be intoxicating to the user. Given that THC is separately listed as a Schedule I controlled substance, there is some uncertainty regarding which of these products are legally considered hemp.”
CRS also described the sometimes conflicting administrative and legal perspectives on the issue, with the Drug Enforcement Administration (DEA) and certain federal courts reaching “divergent conclusions regarding whether certain cannabis products are hemp.”
It also noted that several states have passed or discussed laws to restrict or prohibit hemp products containing certain
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