As expected, before the end of session, Congress authorized another 1-year extension of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), which had already been extended for one year beyond its initial expiration date of September 30, 2023. On December 21, 2024, Congress enacted the American Relief Act, 2025, which, among other things, extended the 2018 Farm Bill to cover fiscal year 2025 and the 2025 crop year. This temporary extension is, of course, critically important for the continuation of various agricultural and food programs covered by the 2018 Farm Bill, but also maintains the status quo for the treatment of intoxicating hemp and hemp products under federal law.
As we have covered in prior posts, during the 118th Congress, the House and the Senate each introduced their own versions of the next 5-year Farm Bill. Both the original Senate bill language and an amendment to the House Bill proposed by Illinois Rep. Mary Miller would have modified the operative definition of “hemp” under federal law and narrowed the existing exemption of hemp and hemp products from regulation and enforcement under the federal Controlled Substances Act. However, neither bill gained any traction during the waning days of the lame duck session, nor did the Cannabinoid Safety and Regulation Act, which was introduced by Senator Ron Wyden (D-OR) in September and proposed a national framework for the regulation of consumable hemp cannabinoid products.
So, where does this leave us?
In short, it will be up to the 119th Congress, unified under Republican control, to pass a new 5-year Farm Bill and decide what changes, if any, should be made to the treatment of intoxicating hemp products under federal law. Interestingly, although President-elect Trump has foreshadowed future common-sense legislation concerning medical and adult-use marijuana, neither he nor his transition team have directly addressed potential federal regulation of the intoxicating hemp market in the US, which has expanded exponentially in recent years and is estimated by many reputable sources to be worth in excess of $20B. We will continue to monitor and report on the status of the next 5-year Farm Bill as the legislative priorities of the next Congress begin to take shape.
