The federal government just ended its longest-ever shutdown, but the bill to do so also included a change in the law that negatively impacts multiple local businesses.
The Agriculture Improvement Act of 2018 (Farm Bill) legalized hemp with less than 0.3% THC. This opened the door to a diverse and growing industry, but that growth looks to be brought to an abrupt halt. The legislation to reopen the government also modifies the Farm Bill, effectively outlawing 95% of the products currently made from hemp, according to industry experts consulted by The Tribune.
Many different kinds of businesses will be impacted, including farmers, manufacturers, distributors, retailers and more.
Normally, we steer clear of commenting on federal policy, but this hit close to home. Local businesses say they will have to shut their doors, unless Congress or the courts reverse new regulations before they go into effect next year.
We should disclose that the owners of one of those businesses, High Point Pharms, met with Publisher Jackson Swearer in his previous role at StartUp Hutch and were guests on his podcast.
They sell CBD products made from hemp plants they grow themselves. CBD is not intoxicating, and many use it to manage chronic pain and other ailments. Even products like their hand creams will be caught up in the new regulations.
We pause for a moment to be clear that a change in the regulations was needed. Many of the products that hit shelves after the 2018 Farm Bill are unsafe and operate in a legal gray area that should be addressed.
Not all products that can be made with legal hemp are as benign as the CBD products that many use to manage their chronic pain and other ailments. Some are intoxicating, and even if they may be technically federally legal, they are chemically almost identical to products made with marijuana.
However, a regulation so draconian that it amounts to a ban, buried deep in a must-pass piece of legislation to reopen the federal government, is not the right solution. Some rules are needed, and it is important to keep people safe. But it is also important not to let government interference grind business to a halt.
How does such a thing get included, anyway? Could it be the influence of powerful lobbies like alcohol, pharmaceuticals, and even legal marijuana? All of those industries have had their profits impacted by the new hemp-based products.
But perhaps those who stand the gain the most from a ban are those willing to operate in illegal black markets—for whatever reason, this country has never truly learned from the failures of Prohibition.
All is not lost for those in the hemp industry, and many are holding out hope. The rules go into effect next year, and perhaps new rules can be made in the meantime. There will be local, state and national lobbying efforts.
Many industries, like alcohol and tobacco, produce dangerous products that are highly regulated—those may be models for hemp and its manufactured by-products. Surely there is a better solution to this issue that would keep genuinely beneficial CBD products on the shelves.
The government should come together with the hemp industry to make regulations that make sense. More than that, they should remember to include representatives from the smaller business interests in the industry. Too often, the local business owner is overlooked when big corporate interests are at play.
If this issue matters to you personally, or you know someone who will lose access to a product they use as a result of this change in the law, we encourage you to reach out to Sens. Jerry Moran and Roger Marshall, and Rep. Tracey Mann. It can make a difference to share the stories of the real local impact of changes in the law.
– The Hutchinson Tribune Editorial Board