Federal hemp ban delayed by lawmakers providing lifeline for Minnesota businesses

(FOX 9) - Lawmakers in Congress have passed a measure to delay a federal ban on hemp products that could severely hinder some Minnesota businesses.

Hemp ban delayed

What we know:

The House passed a short-term measure Tuesday by a vote of 370-48 to fund the federal government into early December, within it providing a delay on the hemp products ban until Dec. 11.

The Senate previously approved the measure, and it now heads to President Donald Trump’s desk for his signature.

Perhaps more importantly, the extension funds federal agencies through the general election cycle in November.

Dig deeper:

Most of what's available on store shelves in Minnesota has 5 mg of THC per serving, and drinks can have as much as 10 milligrams – often found in popular seltzers made by microbreweries in Minnesota.

Without the extension, a federal ban targeting hemp-derived THC products, and limiting them to 0.4 mg per serving, was scheduled to begin on Nov. 12.

Though the products would not be considered illegal, a widespread concern in the industry is that they would be so diluted they would become impractical to market and manufacture for those who wanted them. Customers would also be barred from using credit cards to buy them.

If the ban took effect, businesses would also not be able to use the U.S. Postal Service, FedEx or other carriers to ship popular products such as gummies and edibles across state lines.

What they're saying:

"This is good news for Minnesota’s farmers, brewers, small businesses, and customers," Sen. Amy Klobuchar said in a statement following its passage. "Congress has now passed a bipartisan bill that includes a key provision based on my legislation to delay the federal hemp ban, which I opposed last November. This delay will give Minnesota hemp’s producers, retailers, and customers certainty, and give Congress more time to get to a long-term fix."

The backstory:

The hemp industry’s current uncertainty began in 2018, when Congress changed how it defined hemp, aiming to give farmers a new crop.

But the law’s wording created a loophole, and allowed businesses to sell products with enough hemp-derived THC to get users "high" without breaking federal law, creating a new market for THC drinks and edibles.

An agriculture bill passed last year, however, closed the loophole and banned the products, unless Congress intervenes.

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