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The Agricultural Improvement Act, also called the Farm Bill, federally authorized the production of hemp, alongside removing hemp and hemp seeds from the US Drug Enforcement Administration’s list of controlled substances.
“These products are federally legal and they are regulated, ” said Tennessee Growers Coalition Executive Director, Kelley Hess.
The United States Department of Agriculture is in charge of issuing regulations and guidelines. There has been some concern about what legislators are calling a “loophole.” This so-called “loophole” allows different types of cannabinoids like THC and CBD, which naturally occur in cannabis plants, to be chemically altered to create semi-synthetic cannabinoids. These are federally legal as long as they contain less than or equal to 0.3% Delta-9 THC.
“We can legally sell hemp under the USDA federal regulated program. The Miller Amendment is just trying to re-emphasize the decarboxylation to try to get the THCA off the table, ” said FarmToMed Owner Christopher Sumrell.
The “Miller Amendment” is proposing to change the definition of hemp to only include naturally occurring, naturally derived, and non-intoxicating cannabinoids with the goal to close the loophole.
“They are very confused about the science behind the plant and if they do try to put the Miller Amendment on the table, we’re just going to take them to court, “ said Sumrell.
This would likely shut down many retailers if passed according to the Tennessee Growers Coalition.
“It would actually prohibit 90% of just the CBD, the non-psychoactive cannabinoids on the market,” said Hess.
We have reached out to the author of the amendment US Representative Mary Miller from Illinois but have not heard back. Although, she released this statement saying:
“I am also proud my amendment was included to close the loophole that has allowed drug-infused THC products like Delta-8 to be sold to teenagers in packaging that looks like candy. We must stop teenagers and children from being exposed to addictive and harmful drugs.”
There is an age limit for purchasing products, and consumers can see signs at retailers alerting buyers they have to be at least 21-years-old.
In Tennessee, 23 hemp retailers have popped up across Hamilton County.
There is an additional 6% tax on hemp products and the state has seen millions in revenue since that was implemented July 2023.
Hamilton County business, FarmToMed, grows, manufactures, and sells all their products.
“Everything that FarmtoMed sells FarmtoMed makes through the plants that we grow,” said Sumrell.
Sumrell says they are permitted through the state for cultivation, manufacturing, and retail.
He says there are tedious processes required like having to list every genetic variant of plant they are growing, providing a total plant count, and testing each genetic for state regulation compliance.
Cannabis products with more than 0.3% THC are considered marijuana. These products are identified by the Drug Enforcement Administration as a Schedule 1 substance under the Controlled Substances Act. This means it is identified as having a high potential for abuse, and has no currently accepted medical use in treatment.
”}]] The Miller Amendment would change the definition of hemp to only include naturally occurring, naturally derived, and non-intoxicating cannabinoids with the goal to close the loophole. Read More