Farm Bill Frenzy: A Closer Look at the Mary Miller Amendment Changes

During yesterday’s House Agriculture Hearing on the Farm, Food, and National Security Act of 2024 (2024 Farm Bill), the hemp industry was dealt a harsh blow in the form of Amendment 35 (Amendment) offered by Mary Miller of Illinois (Miller).

For those not paying attention to the Amendment:

• Amends the 2018 Farm Bill definition of hemp so that its total THC (including THCA) cannot exceed 0.3%; 
• Expressly excludes viable seeds from the cannabis plant that exceed a total THC content of 0.3%;
• Expressly excludes any hemp-derived cannabinoid products containing: 
  • Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
  • Cannabinoids that:
    • Are capable of being naturally produced by a Cannabis sativa L. plant; and
    • Were synthesized or manufactured outside the plant; OR
  • Quantifiable amounts (as determined by the Secretary [of Agriculture]) of:
    • Tetrahydrocannabinol (including tetrahydrocannabinolic acid); or 
    • Any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol (as determined by the Secretary [of Agriculture]).

This Amendment was dropped by a second term member, rolled into a bloc along with other amendments, and speculation continues as to whether the Committee members knew exactly what they were voting for. Many insiders contend that if the Amendment was not rolled into the bloc, it would not have survived a straight up and down vote. 

Oddly enough this Amendment does nothing to support America’s hemp farmers, who are finally accessing the desperately needed infrastructure to support the grain and fiber markets currently being propped up by the cannabinoid market. This amendment also would kill America’s CBD market, as virtually all CBD is manufactured outside of the hemp plant.

This carefully crafted language strikes a death blow to the entire hemp cannabinoid industry. If enacted into law, this would destroy the American hemp industry. The language set forth above is eerily like that offered by mainstream cannabis advocacy group United States Cannabis Council. 

Defending the Hemp Industry: The Impact of Regulation vs. Prohibition

MC Nutraceuticals believes that if things were to drastically shift on the federal level and this draconian attempt to ban these compounds went through, consumer demand and American entrepreneurialism will only continue to fill the void. The issue, of course, being that the void will be filled in an unregulated, underground, and less safe manner. Striking such a blow to a fledgling industry kills farmers and the thousands upon thousands of jobs this industry supports. 

Miller’s Amendment is counterintuitive. Why not regulate this industry, capture its robust economic benefits, tax it, and most importantly, truly provide consumer protection? Sending these compounds into the underground market where consumers have no protection, no standards for product manufacturing, no taxes are captured, and vital jobs are lost seems either extremely shortsighted and/or the agenda of multi-state marijuana monopolies. This industry will not go away because consumer behavior will always dictate the viability of products, whether big government recognizes it or not.

Join the Fight to Protect Hemp: Advocating for a Sustainable Industry

Now is the critical time to take action and show your support for the hemp industry. By donating to American Healthy Alternatives Association (AHAA), you are contributing to the protection and preservation of your business and the livelihood of all those involved in the industry. Lobbying efforts are costly for the opportunity to have crucial conversations with legislators and influence policy decisions. Your donation to trade associations like AHAA will help in the fight to ensure that the voices of hemp farmers, workers, and consumers are heard and represented. 

By supporting advocacy efforts, you can proactively shape the laws and regulations that govern the industry, rather than being reactive to changes that could negatively impact your business. Additionally, by donating to reputable organizations like AHAA, you can ensure that your contributions are not influenced by outside entities such as cannabis or big pharma, who may have conflicting interests. 

Join the cause today and help drive the bus towards a sustainable future for the hemp industry. Your support is crucial in protecting the farmers, workers, and consumers who rely on hemp for their wellness needs. Donate now and make a difference in safeguarding the future of the Hemp industry!

byPhilip Snow

As an attorney in the cannabis space since 2011, Philip dedicates most of his time utilizing his broad experience to help inform and drive sensible regulations and policy movement within the industry. Since starting with the nation's first marijuana only law firm and taking part in the passage of Colorado's historic Amendment 64, Philip has focused his efforts helping small businesses succeed amid rapidly evolving regulatory landscapes in the cannabis industry. More recently, Philip has focused his practice on the nascent hemp and cannabinoid industry. As a solutions-oriented attorney, he works with clients to comply with rules and regulations governing all aspects of the hemp supply chain. In addition to this, Philip regularly advises state legislators, state agencies, and Members of Congress on the drafting and creation of policies that balance consumer safety with market demand. His work builds upon existing foundations while advocating for responsibility and legitimacy within the hemp industry across the country.