House and Senate lawmakers have agreed in principle to a reconciled version of H.R. 2: The Agriculture Improvement Act of 2018 (aka the 2018 Farm Bill), which includes provisions lifting the federal prohibition of industrial hemp.
The hemp-specific provisions – which Senate Majority Speaker Mitch McConnell (R-KY) included in the Senate version of the bill, but were absent from the House version – amend federal regulations to further expand and facilitate state-licensed hemp production, research, and commerce. The language also for the first time amends the federal Controlled Substances Act of 1970 so that industrial hemp plants containing no more than 0.3 percent THC are no longer classified as a schedule I controlled substance. (See page 1182, Section 12608: ‘Conforming changes to controlled substances act.’) Certain cannabinoid compounds extracted from the hemp plant would also be exempt from the CSA.
House and Senate lawmakers still need to vote on the engrossed version of the Act, which they are expected to do later this month. Passage of the bill would allow state governments, rather than the federal governments, to be the primary regulators of hemp and hempen products.
Senator McConnell previously shepherded hemp-related language (Section 7606) in the 2014 version of the Farm Bill, permitting states to establish hemp research and cultivation programs absent federal approval. A majority of states have now enacted legislation to permit such programs.