U.S. Congressman Andy Barr (R-KY) this week introduced the Lawful Hemp Protection Act, bipartisan legislation to establish the first comprehensive federal regulatory framework for hemp-derived consumer products while protecting farmers, enhancing consumer and child safety and preserving the long-term viability of the domestic hemp industry.
This legislation establishes a clear federal framework for the hemp industry by setting consistent standards for cultivation, manufacturing, testing, and labeling, while prohibiting synthetic cannabinoids in finished hemp-derived products. It also supports American farmers by only allowing hemp grown, cultivated, and packaged in the United States. To further strengthen consumer protection and child safety, Rep. Barr’s legislation limits retail sales of hemp-derived consumer products to individuals 21 years of age and older and prohibits the marketing or advertisement of any hemp products towards children.
“Kentucky farmers helped build America’s hemp industry and they deserve certainty,” said Barr in a statement. “The Lawful Hemp Protection Act protects Kentucky agriculture, safeguards consumers, and establishes a commonsense regulatory framework that allows this important industry to continue to grow while ensuring products are safe and kept out of the hands of children. Kentucky has demonstrated that hemp can be successfully regulated while supporting farmers and protecting consumers. This legislation builds on that success by creating a national framework that rewards responsible producers, eliminates bad actors, and ensures consumers have confidence in the products they purchase.”
“Minnesota became the model for responsible hemp regulation when it established a regulatory framework that complied with federal law and enabled local farmers and businesses to thrive,” said Rep. Angie Craig (D-MN), the lead Democrat on the House Agriculture Committee, in a statement. “My commonsense legislation will give regulatory clarity to Minnesota farmers, brewers and small business owners and provide an alternative to short-sighted federal policies that threaten Minnesota jobs and consumer choice. I am proud to have worked with Rep. Barr on a solution that protects our farmers and small businesses while also keeping our kids and communities safe.”
The Lawful Hemp Protection Act provides a long-term solution by modernizing federal hemp policy and establishing clear rules for producers, processors, retailers, and consumers. It highlights these main provisions:
- Creates separate regulatory categories for industrial hemp and consumable hemp products;
- Changes the legal limitation of hemp to one percent total THC concentration on a dry-weight basis and requires testing at the finished-product level as well as throughout the manufacturing chain;
- Prohibits synthetic cannabinoids and other non-naturally occurring compounds;
- Requires consumable hemp products to be cultivated, processed, finished, and packaged in the United States;
- Restricts the sale of all consumable hemp-derived cannabinoid products to individuals 21 years of age and older;
- Establishes strict packaging, labeling, and marketing standards to prevent youth access and deceptive advertising;
- Directs the Food and Drug Administration to establish maximum cannabinoid content limits for hemp-derived consumable products with “fallback” limits in case the FDA does not act within 12 months after passage;
- Instructs the Secretary of the Treasury to establish a three-tiered system for hemp-derived beverages – manufacturers, distributors, and retailers – with strict tied-house restrictions to maintain separation among tiers; and.
- Instructs the Treasury Department to collect a tax of 5 cents per milligram of THC in hemp-derived consumable beverages and 5% of the retail price on all other consumables that contain THC.
The Lawful Hemp Protection Act preserves states’ ability to enact stricter regulations while ensuring lawful interstate commerce for compliant hemp products. This legislation is supported by American Healthy Alternatives Association, American Herbal Products Association, Americans for Prosperity, Coalition for Adult Beverage Alternatives (CABA), Hemp Beverage Alliance, Hemp Industry & Farmers of America (HIFA), Kentucky Hemp Association (KYHA), Midwest Hemp Council, Team Hemp, Total Wine & More, U.S. Hemp Roundtable, Wine & Spirits Wholesalers of America (WSWA).
