U.S. Rep. Andy Barr (R-KY) on July 22 proposed a bipartisan bill that would establish the nation’s first comprehensive federal regulatory framework for hemp consumer products.
The Lawful Hemp Protection Act, H.R. 9830, which Rep. Barr sponsored alongside lead original cosponsor U.S. Rep. Angie Craig (D-MN), aims to preserve lawful hemp commerce while protecting consumers from high-THC synthetic intoxicants, according to the Congressional Record bill summary.
“Kentucky farmers helped build America’s hemp industry and they deserve certainty,” Rep. Barr said. “The Lawful Hemp Protection Act protects Kentucky agriculture, safeguards consumers, and establishes a common-sense regulatory framework that allows this important industry to continue to grow while ensuring products are safe and kept out of the hands of children.”
The congressman also noted that 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,” he added.
If enacted, H.R. 9830 would provide a long-term solution by modernizing federal hemp policy and establishing clear rules for producers, processors, retailers, and consumers, according to a bill summary provided by Rep. Barr’s staff.
Specifically, it would create separate regulatory categories for industrial hemp and consumable hemp products; change the legal limitation of hemp to one percent total THC concentration on a dry-weight basis and require testing at the finished-product level as well as throughout the manufacturing chain; and prohibit synthetic cannabinoids and other non-naturally occurring compounds.
The bill also would require consumable hemp products to be cultivated, processed, finished, and packaged in the United States; restrict the sale of all consumable hemp-derived cannabinoid products to individuals 21 years of age and older; and establish strict packaging, labeling, and marketing standards to prevent youth access and deceptive advertising.
Among other provisions, H.R. 9830 would direct the Food and Drug Administration (FDA) 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, and would instruct the U.S. Treasury Department to collect a tax of 5 cents per milligram of THC in hemp-derived consumable beverages and 5 percent of the retail price on all other consumables that contain THC, the summary says.
“My common-sense 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,” said Rep. Craig. “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 measure has garnered support from the American Healthy Alternatives Association, the American Herbal Products Association, Americans for Prosperity, the Coalition for Adult Beverage Alternatives, the Hemp Beverage Alliance, the Hemp Industry & Farmers of America, the Kentucky Hemp Association, the Midwest Hemp Council, Team Hemp, Total Wine & More, the U.S. Hemp Roundtable, and Wine & Spirits Wholesalers of America.