LOUISVILLE, Ky. (WDRB) -- A provision in the Senate's government funding bill that could reopen the federal government is threatening Kentucky's hemp industry, aimed at banning hemp products like CBD oils, gummies, seltzers and more.
The measure targets products with any detectible amount of THC, including non-intoxicating, full-spectrum CBD that is currently legal.
Products that are ingestible made from hemp would be effectively banned if they contain any measurable amount of THC or a THC-like cannabinoid. Since many full-spectrum hemp extracts contain trace amounts of THC, those would be caught.
Jim Higdon is the co-founder of Cornbread Hemp, which produces full-spectrum CBD oils, gummies, and THC beverages. Now every product his company produces is in jeopardy.
"All those products that were completely compliant under the 2018 farm bill will be made illegal if this language sticks," Higdon said.
The proposed restrictions are backed by Kentucky Senator Mitch McConnell, who has been pushing to close a loophole in the 2018 farm bill that allowed hemp with low levels of THC.
"My 2018 farm bill — hemp bill — sought to create an agricultural hemp industry, not open the door to the sale of unregulated, intoxicating, lab-made substances," McConnell said earlier this summer.
Monday, the Kentucky Hemp Association released a statement condemning the language in the bill and pointing a finger at McConnell:
"Over the weekend, Senator McConnell quietly inserted language into a federal bill that would criminalize Kentucky farmers, small businesses, and millions of responsible consumers. While he claims his intent is to “protect the kids,” Kentucky has already taken decisive, bipartisan action to address legitimate market concerns through common-sense policies like uniform age restrictions, product testing, labeling standards, and manufacturing safeguards."
"It is so scary and so frightening to think that because of this government shutdown, my entire business could go away," said Dee Dee Taylor, president of the Kentucky Hemp Association and owner of 502 Hemp.
Taylor believes the law, if passed, could decimate Kentucky's booming hemp industry, which is estimated to generate an economic impact of about $300 million annually.
"People need food. Get the government open and leave hemp alone," Taylor added.
Another Kentucky Republican, Sen. Rand Paul, is working to protect Kentucky's thriving hemp industry. The Senator is filing a one-page provision that would eliminate the language from the shutdown-ending bill, according to his office.
"Dr. Paul is working to ensure that the final government funding legislation does not unintentionally harm Kentucky's hemp industry, which supports thousands of jobs across the Commonwealth," a spokesperson said in a statement to WDRB News.
"He has asked for a single, straightforward vote on an amendment to remove language in the current package that would restrict the production and sale of certain hemp-derived products and result in significant economic harm to farmers and small businesses in Kentucky. Dr. Paul remains committed to reopening the government as soon as possible and ensuring that Kentucky's agricultural economy is not adversely impacted in the process."
If the bill passes with the hemp restrictions intact, producers would have 365 days before the ban takes effect.
Higdon, who spent Monday on the phone with lawmakers, believes a solution could be reached in that time frame if this passes the Senate and the House.
"This isn't a death sentence," he said. "This is a clock that starts ticking the day the president signs it, and we are hopeful, certain, confident, that we can get a bill through Congress to fix a problem."
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