Congress must fix the hemp ban that threatens Kentucky farmers | Opinion

Author’s Note: In the interest of transparency, my son and nephew are co-founders of Cornbread Hemp, a Kentucky-based hemp company.

Recently, Congress passed emergency legislation to reopen the federal government. Deep within that bill was a drastic policy change that threatens to wipe out Kentucky’s legal hemp industry. The provision was included in a must-pass spending bill and became law.

The new law will limit the amount of tetrahydrocannabinol, or THC, to just 0.4 milligrams per container in any hemp product.

Right now, hemp products are allowed to contain a tiny trace of THC as long as it stays under 0.3 percent by dry weight. That has been the federal standard since 2018.

The new law will treat safe, well-made CBD products the same as unregulated, potentially risky synthetics that were never meant to be legal. Right now, products like Delta-8 or THCa, which are lab-made forms of THC, are being sold with no testing, no labeling, and no age limits. Many are imported and made in unregulated labs.

This law does not address the real issue: the lack of enforcement against unsafe synthetic knockoffs. Instead, it would punish legal hemp businesses, including Kentucky farmers, who are a vital part of the agricultural economy and not the source of the problem.

According to the Courier Journal, only 2.5 percent of Kentucky’s current hemp acreage would remain legal under the new federal restriction. That means 97.5 percent of the industry would be shut down, despite years of compliance with federal and state law.

Kentucky’s hemp sector has become a national model, built on bipartisan cooperation and guided by regulatory oversight from the Department of Agriculture. This provision puts all of that at risk.

Kentucky federal delegates from both parties have recognized the concern. They’ve warned that the provision threatens to destroy years of progress. Thousands of legal businesses, jobs, and investments are now exposed to immediate risk, as is the public’s access to products they’ve grown to trust and rely on over the years, without having to turn to unnecessary medical interventions or prescription drugs.

One of the fastest-growing areas of these safe and natural hemp products is providing relief to pets who suffer from anxiety. Consumers stand to lose access to all of these products.

The law allows for a 364-day grace period, which was included in this provision. If the provision stands, it currently offers no relief for farmers with loans, equipment leases, or investor-backed production lines. Further, there is no compensation for lost crops or unsellable inventory. Many small operators will be left with debt they cannot repay.

At the same time, marijuana is now legal in more than 30 states, but still illegal under federal law. Kentucky legalized medical cannabis in 2023. That law allows cannabis flower with up to 35 percent THC, with concentrates up to 70 percent. This is a stark and inexplicable policy contrast and inconsistency.

Congress did not address the real source of harm. Instead, it hurts small farmers, processors, and family-run companies who followed the law.

There’s still time to reverse the course.

Please call your congressman and senators and ask them to support legislation that will repeal the provision that bans hemp-derived THC and full-spectrum CBD products. It’s vital that true issues like Delta-8 and other synthetic and imported THC products be addressed and laws be enforced. Congress would be reasonable to ban synthetic cannabinoids and untested flower. Kentucky’s farmers and hemp producers need fairness and transparency. If Congress acts quickly, this can be corrected before it causes permanent damage.

The future of Kentucky’s hemp economy is at stake.

Sen. Jimmy Higdon, R-Lebanon, represents Kentucky’s 14th Senate District. In addition to serving as chair of the Senate Transportation Committee, Higdon is a member of the Licensing and Occupations Committee, the Veterans, Military Affairs, and Public Protection Committee, and the Education Committee.