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The 2018 Farm Bill will include a provision to legalize industrial hemp, Senate Majority Leader Mitch McConnell (R-KY) and the top Republican and Democrat on the House Agriculture Committee confirmed on Thursday.
Thanks for your hard work, @SenPatRoberts, for our farmers, rural communities and all Americans. Pleased that my provision to legalize industrial hemp is included in the Farm Bill. https://t.co/FSLY3CugIN
— Leader McConnell (@senatemajldr) November 29, 2018
Lawmakers in the Senate and House Agriculture Committees announced that they’d reached an agreement in principle on the large-scale food and agriculture policy legislation and were in the process of finalizing “legal and report language.” But while there’s still “more work to do,” it seems that hemp legalization made the cut.
The Congressional Budget Office is currently scoring the bill. Once that’s complete and language is officially filed, the Farm Bill will be teed up for up-or-down votes in both chambers of Congress and, pending approval, sent to the president’s desk. Lawmakers are hoping to pass the bill before the end of the year.
Hemp would be defined as all parts of the plant—including seeds and extracts—as long as they contain less than 0.3 percent THC, according to VoteHemp.The crop would also be entirely removed from the Controlled Substances Act under the legislation.
States that want to be primary regulators are required to submit applications outlining their regulatory plan to the USDA, which will have 60 days to make a decision.
When Congress passed the Farm Bill of 2014, it included Sec. 7606 authorizing state regulated research pilot programs with hemp. That program has been a huge success growing to include over 3,500 licensed participants who planted more than 77,000 acres in 2018. At the same time, the U.S. market for hemp products has grown to more than $800 million as of 2017. However, hemp pilot program regulations are burdensome and are made even more challenging by heavy handed Drug Enforcement Administration oversight. Vote Hemp, along with thousands of businesses and advocates, have been pushing for commercial hemp farming legislation and removal of roadblocks to the growth of the U.S. hemp industry.
Congress has been negotiating a new Farm Bill and is once again considering federal policy regarding hemp thanks to leadership from Senator McConnell (R-KY) and Senator Wyden (D-OR). The House and Senate each passed their versions of the bill and the Senate version included language from the Hemp Farming Act of 2018 that removes hemp from the Controlled Substances Act and allows farmers to grow hemp commercially under a state or federal license.
What will the new Farm Bill hemp law do?
If the Farm Bill is signed into law before the end of 2018, it will go into effect beginning on January 1, 2019. However, it will take time for the new law to be implemented. In states where hemp is legal, state departments of agriculture will need to submit regulatory plans to USDA for approval.
There are a few minimum requirements that a state plan must have:
What about hemp extracts containing CBD?
The Farm Bill removes hemp completely from the CSA. It makes is 100% clear that cannabinoids are included so hemp derived CBD will not be a controlled substance. The bill does not change requirements of the Federal Food, Drug, and Cosmetic Act so producers are still subject to FDA regulations. The FDA has stated in an FAQ that it is their current opinion that CBD may not be sold as a dietary supplement but they have not said that whole plant hemp extracts are covered. Their logic is that a previous application for the drug Epidiolex prohibits the sale of the same substance as a dietary supplement. But Epidiolex is pure CBD and is not the same as a whole plant hemp extract. The industry does not agree with FDAs stance on CBD and there will likely be further developments on this.
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Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
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The Bureau of Medical Marihuana Regulation (BMMR) enforces the Administrative Rules under the authority of the Medical Marihuana Facilities Licensing Act (MMFLA).
Administrative Rule 62 (R 333.262) states that marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as established by the department.
For the purposes of maximum THC levels for marihuana-infused products, the department published a list of maximum THC concentration and serving limits.
The list is available here https://www.michigan.gov/documents/lara/THC_Limits_Bulletin_639431_7.pdf.
Next Level Delivery of your Cannabis
Visit the MMMA Forum to learn more and open discussions
More information
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
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LANSING, Michigan. NOV 2018 – Michigan lawmakers approved medical marijuana licensing rules, including a provision to allow provisioning centers (dispensaries) to deliver to MMMP cardholders’ homes.
The regulations were passed Tuesday by the Joint Committee on Administrative Rules, a panel of legislators that oversees rules proposed by state agencies.
Provisioning centers will be able to deliver up to 2.5 ounces of marijuana per patient and do up to 10 deliveries at a time. The state is in the midst of licensing medical marijuana businesses under a 2016 law.
Next Level Delivery of your Cannabis
Visit the MMMA Forum to learn more and open discussions
More information
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
Follow Komorn Law
The state has once again changed the 10-31-18 deadline by which medical marijuana facilities are expected to either have a license or stop operating.
Michigan Court of Claims Judge Stephen Bordello issued a temporary restraining order that effectively prohibited LARA from enforcing today’s deadline.
The Oct. 31 deadline for unlicensed marijuana provisioning centers to shut down has been extended. Unlicensed facilities originally pegged for closure, at least for now, can remain operational, records state.
On Tuesday 10-30-18, Michigan Court of Claims Judge Stephen Borrello enjoined the State of Michigan and the Department of Licensing and Regulatory Affairs (LARA) from enforcing its Oct 31 shutdown for presently unlicensed cannabis provisioning centers to cease operations or face enforcement.
This is the second time that Judge Borrello has enjoined LARA, as he earlier rejected a Sept. 15 deadline.
The court scheduled a hearing on Nov. 9 to determine if the injunction will be made permanent.