Congress included a provision in the 2018 Farm Bill to effectively legalize hemp and products derived from it. The cannabinoid we know as CBD is derived from hemp. But now Congress is looking to redefine hemp in order to address the fact that some hemp producers could be skirting the law by producing plants with higher THC volumes.
I am working under the assumption that a new definition of hemp is coming sooner rather than later. When it does, how could it affect medical cannabis and its users? The effect will be minimal on medical cannabis patients who treat mostly with THC. The effect could be considerable on those who prefer CBD treatments.
A Plant With Many Varieties
The starting point for this discussion is the fact that cannabis is a plant with many varieties, or cultivars, if you will. Hemp is one, and marijuana is another. In addition, the primary cannabinoid in hemp is CBD while THC rules the roost in the marijuana cultivar. Why does this matter? It matters because of the definitions of hemp and marijuana.
Language in the 2018 Farm Bill defines hemp as a cannabis plant with 0.3% or less THC by volume (dry weight). Any cannabis plants with a higher THC content are defined as marijuana. And as you probably know, marijuana is illegal under federal law.
Medical cannabis patients using medicines with THC are using products derived from marijuana. In some cases, they are using the plant itself. But patients who treat mainly with CBD are using hemp-derived products. But there is a problem.
Total Volume vs. Dry Weight Volume
Understanding that the current definition of hemp is based on dry weight volume, some creative cultivators have discovered that they can increase a plant’s total THC volume and still come in under the 0.3% dry weight volume threshold. So that is exactly what they have done. They are now producing potent hemp plants with intoxicating properties while still sticking to the letter of the law.
The federal government has taken notice. And in fact, Congress has already begun looking at redefining hemp based on total THC volume rather than dry weight volume. There are practical reasons for doing so.
A processor who makes intoxicating THC products from hemp has a legal defense under the current definitions, albeit a flimsy one. He can claim that his products are legal because they are hemp derived. Technically, he’s not wrong. But based on the spirit of the law, he’s still in violation. Redefining hemp based on total volume takes a hemp producer’s defense away.
The Impact on Medical Cannabis
As previously stated, redefining hemp will likely have a minimal impact on medical cannabis users who medicate with THC. That basically means all patients with state-issued medical cannabis cards, according to Salt Lake City Utah’s BeehiveMed. Medical cannabis cards are required because the products covered by the cards are derived from marijuana rather than hemp.
Patients preferring to treat with CBD don’t actually need medical cannabis cards. CBD and its products are completely legal across the board. So how would redefining hemp impact those users? A new definition could lead to a significant reduction in hemp production. And if that happens, CBD prices are likely to go up.
It is not the ideal situation for CBD users, yet it is an unfortunate reality thanks to a subset of cultivators who have to push the limits of the law. But nothing has happened yet. We will have to wait and see if Congress actually goes through with the proposal to redefine hemp.
