Is It Time to Worry About the 2024 Farm Bill?

The 2024 Farm Bill, a critical piece of legislation shaping U.S. agriculture and rural development, has sparked significant debate. On November 18, Senate Agriculture Committee Chairwoman Debbie Stabenow introduced the Senate’s version of the bill, calling it a bipartisan effort to support agriculture, food security, and rural prosperity. However, its impact on the hemp industry has raised eyebrows.

Stakeholders are concerned about language in both the Senate and House drafts, particularly regarding industrial hemp. Are these concerns justified, or are they premature?

What’s in the Farm Bill?

The Senate’s Rural Prosperity and Food Security Act of 2024 builds on months of discussion, following a House draft introduced in May. Both versions aim to address broad agricultural needs, but their treatment of industrial hemp differs sharply.

The controversial “Mary Miller Amendment,” proposed in the House version, suggests redefining hemp to exclude non-intoxicating cannabinoids not derived naturally. This provision has alarmed industry advocates, as it could severely limit what qualifies as hemp, upending established businesses.

The Senate version, authored by Stabenow, proposes redefining hemp to include total THC content and excludes products derived for cannabinoid extraction. While less restrictive than the Miller Amendment, it still targets certain hemp products, such as Delta-8 THC and THCA, creating challenges for many businesses.

Amid these concerns, some language from the Industrial Hemp Act of 2023—advocating for separate permitting systems for fiber and grain hemp versus cannabinoid hemp—has been included. This compromise seeks to simplify industrial hemp production for farmers.

Short-Term: No Immediate Action Expected

With a divided Congress and a presidential election looming, experts predict that neither the House nor Senate version of the Farm Bill will move forward this year.

Jonathan Miller, General Counsel for the U.S. Hemp Roundtable, told Cannabis Business Times: “There’s no action on the horizon for the Senate Farm Bill or the Mary Miller Amendment. The changing political landscape means any progress will be delayed.”

National Hemp Association Chair Geoff Whaling echoed this sentiment, pointing out that legislative delays have pushed the bill far past its original timeline. “What was supposed to be the 2023 Farm Bill is now being dragged into 2024,” Whaling said, noting the GOP’s increased influence post-election. “The Republicans are likely to reshape the bill entirely once they’re at the helm.”

For now, farmers and hemp businesses may have time to adapt, but the language in these drafts foreshadows potential regulatory battles ahead.

Hemp Industry Faces Challenges

The hemp industry has reason to be concerned about both versions of the bill. The Mary Miller Amendment, in particular, could devastate hemp businesses by banning any product with detectable THC, effectively sidelining 90% of the market.

“The Miller language is catastrophic for hemp,” Miller said, citing its potential to eliminate key products and stifle industrial hemp farming. Meanwhile, the Senate’s definition would prohibit several popular products, such as Delta-8 THC, even if they fall within federal THC limits.

Whaling sees these moves as stemming from a misunderstanding of hemp’s complexity. He believes legislators are conflating industrial and cannabinoid hemp, applying sweeping restrictions without fully grasping the industry’s nuances.

“Legislators are well-intentioned, but their solutions are overly broad,” Whaling said. “Hemp encompasses a wide range of uses, and not all should be treated the same.”

What Could Be at Stake?

Both drafts could profoundly affect the industry. Here’s a breakdown of potential outcomes:

• House Version (Mary Miller Amendment):
  • Bans all products with any detectable THC.
  • Limits farmers’ ability to grow cannabinoid-rich hemp.
  • Threatens fiber and grain farming by complicating THC regulations.
• Senate Version (Stabenow Bill):
  • Prohibits products like Delta-8 THC and THCA.
  • Leaves some CBD and Delta-9 products unaffected.
  • Includes separate permitting for industrial hemp farming, easing the process for non-cannabinoid crops.

Advocates argue that while both drafts include problematic language, the Senate bill is less damaging. Its emphasis on industrial hemp could provide some stability to fiber and grain farmers, even as cannabinoid hemp businesses face stricter oversight.

Missteps in Hemp Regulation

The Farm Bill is not the right venue for addressing concerns about intoxicating cannabinoids, according to Whaling. He warns that the broad language in both drafts could create unintended consequences for the entire industry.

“The intention is to separate fiber and grain from intoxicating cannabinoids,” Whaling said. “But these bills are written so broadly that they risk harming all sectors of the hemp industry.”

He believes a more targeted approach, outside of the Farm Bill, is necessary to resolve issues related to THC levels and cannabinoid products. “Hemp regulation needs its own framework—not a rushed amendment buried in a broader agricultural bill.”

The future of the Farm Bill remains uncertain, but one thing is clear: the stakes are high for the hemp industry. As legislators hash out their differences, farmers, businesses, and advocates must stay vigilant, pushing for balanced policies that protect both agricultural prosperity and hemp’s diverse potential.