Marijuana News

The Farm Bill's Impact on Minnesota's Hemp and Marijuana Industries

The Farm Bill's Impact on Minnesota's Hemp and Marijuana Industries

06/07/2024

The latest iteration of the Farm Bill has sparked a significant debate between Minnesota's hemp and marijuana industries, highlighting a potential shift in the state's cannabis landscape. While the bill could provide a significant boost to the burgeoning marijuana industry, it poses a threat to the state's thriving hemp sector, particularly with a provision that seeks to outlaw hemp-derived intoxicating products. The outcome of this legislative battle is uncertain, with the final form of the bill hinging on Congress' ability to reach a consensus.

The proposed amendment to the Farm Bill would alter the federal definition of legal hemp, restricting it to naturally occurring and non-intoxicating cannabinoids. This change would effectively criminalize the production of hemp-based edibles, beverages, oils, soaps, and other products made from hemp. Minnesota law currently permits the production and consumption of these products, but if the amendment becomes law, they would be illegal under federal law.

The marijuana industry, represented by organizations like the U.S. Cannabis Council, has advocated for the Farm Bill to ban all hemp products containing "detectable quantities of total THC." They argue that the unregulated production of intoxicating hemp products poses a threat to public health and safety. The industry also seeks to address the availability of hemp "flowers" that can be smoked but are not regulated like marijuana.

The last Farm Bill, passed in 2018, legalized hemp for the first time and opened the door for hemp-derived cannabinoids. Minnesota then spurred the growth of the hemp-derived cannabinoid industry by determining that a license is not required to sell hemp-derived THC products. The state is among the largest hemp-growing operations in the country, with significant acreage dedicated to cannabinoid production.

If the hemp amendment in the House farm bill becomes law, it could have a significant impact on Minnesota's hemp industry. While state law would still protect hemp growers and producers, the ability to export products to other states could be compromised. Moreover, the IRS prohibition on writing off business expenses for illegal activities could hamper the industry, similar to the challenges faced by the marijuana sector.

The passage of a final Farm Bill remains uncertain, with significant differences between the House and Senate versions. The House bill contains provisions that are likely to be rejected by the Senate, making a resolution in this election year increasingly unlikely. As such, the fate of Minnesota's hemp and marijuana industries hangs in the balance, with both sectors anxiously awaiting the outcome of this legislative battle.

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