The 2018 Agriculture Improvement Act (AKA “Farm Bill”) expired on September 30th, 2023. With the growing public interest in cannabinoids, consumers and businesses are eager to see how the legislation will unfold and what it will mean for the industry as a whole.

It was the 2018 version of this omnibus bill that legalized the cultivation and sale of hemp flowers. Passed in amended form every 5 years or so, the Farm Bill regulates key functions in the agricultural sector. With the end of the fiscal year coinciding with wrangling over the Speaker’s chair, President Biden signed spending legislation to avert a government shutdown. This stopgap legislation expires next November 2024 and was passed into law on November 15, 2023.

While now funded, the 2023 version of the Farm Bill, addressing concerns as wide-ranging as conservation, nutritional programs, horticulture, and key food commodities, floats in limbo. In all, there are 12 Titles - all crucial to the smooth conduct of the agricultural sector - contained in the bill. The regulation of hemp flower is just one small part of this omnibus legislation.

Against this backdrop, consumer interest grows beyond CBD. Hemp flower consumers are avidly exploring other cannabinoids present in the crop and how these lesser-known cannabinoids work. As the Farm Bill is renewed over the coming year, Congress needs to keep the tremendous economic impact driven by consumer interest in this crop in mind.

Potential Complications Ahead

Listed under Title X: Horticulture, a battle is brewing over CBD hemp flower derivatives on the market. Specifically, legislators are questioning the inclusion of intoxicating cannabinoids like Deltas 8, 9, and 10 in hemp flower products, which are permitted for sale only if their THC content is 0.3% or less. But with entrants to the market like edibles and drinks containing the Delta cannabinoids, states like Missouri are hoping for a solution that either enshrines the status quo or adds another regulatory layer to address the problem of intoxicants.

Congress has its marching orders from the Congressional Research Service, which has warned of the potential for competing interests in the hemp flower space to “complicate” the drafting of amended legislation.

Stakeholder Regulatory Visions

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Most legislators agree that the Food and Drug Administration (FDA) should directly regulate hemp flower products. However, some industry organizations, like Hemp Roundtable, see the situation a little differently. In their response to a Request for Information from Congress, HR writes, “...a framework for the regulation of CBD products should encompass other cannabinoid products and…should regulate products that are scientifically shown to have impairing effects separately from non-impairing products.”

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What Hemp Roundtable wants to achieve is a balance between consumer safety and access. It’s a goal held in common across legislators. Their response to Congress supports the FDA’s role in the regulation of non-intoxicating CBD hemp flower being maintained. However, for products containing the Deltas, Hemp Roundtable, and its industry allies suggest that the Alcohol and Tobacco Tax and Trade Bureau (TTB) take the reins on regulation.

Seeking a Solution for Hemp Flower Regulation

As Congress seeks a regulatory way forward that maintains the ability of CBD hemp flower producers to operate while containing the intoxicating effects of the Delta cannabinoids, the potential of hemp flower and its cannabinoid content is only now coming to be understood.

With hemp flower industry stakeholders suggesting a second layer of regulation via Hemp Roundtable, it’s hoped that legislators will recognize an opportunity to regulate the market more robustly. At the same time, the industry's ability to serve the public as it has since 2018 must be safeguarded. Consumers seeking more effective ways of managing their health are counting on it.

Nathan Sukhov is from Southern California. Growing up, he spent a lot of time in nature and was surrounded by the mountains and the desert. He has always enjoyed time with family and friends. Nathan was brought onto the Rogue Origin team in 2021 to help improve the online shopping experience and bring the feeling of our farm into your home.