A surprise federal hemp ban may seem like a victory for those against cannabis use, but its impacts are far worse than getting high.
Hemp is a derivative of the cannabis plant and was legalized in the 2018 Farm Bill for industrial purposes. Medical and recreational marijuana are illegal in Wisconsin, but a loophole was created in the bill. Producers have been able to extract THC, the primary psychoactive cannabinoid in cannabis, from federally legal hemp, making the sale of oils, gummies and beverages legal.
However, Congress passed a funding bill on Nov. 12 to end the longest government shutdown, and with it came a provision tucked beneath all the expenditures. President Donald Trump signed a new law that will essentially ban the sale of THC products nationwide, including in states where weed is legal.
Kentucky Republican Sen. Mitch McConnell pioneered hemp legalization through the Farm Bill and wants to correct it in order to protect his agriculture-economy legacy before he retires next year.
The ban states that products that comprise of more than 0.4 milligrams of total THC per container will be outlawed, wiping out 95% of the $28 billion hemp retail market — a major negative economic impact.
The ban will take effect in a year, so while hemp businesses have some time to create a contingency plan, thousands of store owners, farmers and retailers are panicked.
Erin Kelly, the owner of Kelly’s Greens Cannabis Boutique and Cafe in Wauwatosa, is against the new law.
“Our seven employees who work here won’t have jobs. I won’t have a job. People won’t have access to these products,” Kelly said. “I want to see legal, safe cannabis options be accessible right here in Wisconsin and across this country.”
Many people rely on these products to help with physical health. The percentage of Americans who acknowledge their medical use of cannabis has doubled since 2013. Based on 2020 census data, around 8.3 million people in the U.S. use cannabis for medical purposes such as pain management, migraines, anxiety, depression and more.
Some Republicans argue that the new ban “restores the original intent” of the Farm Bill, but others disagree.
Kentucky Republican Sen. Rand Paul called the provision an overreach that will kill many jobs and farmers.
“This is the most thoughtless, ignorant proposal to an industry that I’ve seen in a long, long time,” Paul said.
Not only does the ban have disastrous effects on businesses and stores that sell THC products, but it will also impact consumer behavior.
The demand for marijuana and THC products has increased in recent years, and cannabis executives warn that the popularity could drive the industry into black-market sales. This poses numerous dangers as products would not face testing, age restrictions or tax compliance.
People will still find a way to fulfill their cannabis needs — it will just come with greater risks.
Banning nearly all hemp-derived products is not a sound decision, as the industry continues to grow. Prohibition laws often do not work as we have seen during the United States’ prohibition era when it tried to ban alcoholic beverages. Quality control vanished and the criminalization of alcohol created black markets. We should implement federal regulations, not a nationwide prohibition.
Leaders in the cannabis business support a model that would split oversight between the Food and Drug Administration and the Alcohol and Tobacco Tax and Trade Bureau. The former would oversee product safety, and the latter would handle taxation and distribution.
Taking away a medical option that millions of people use and pushing it into the illicit market is not considering the safety and health of U.S. citizens.
This federal hemp ban does not evaluate the dangerous consequences it could have — it’s just blowing smoke.
This story was written by Rachel Lopera. She can be reached at [email protected]
