The House Appropriations Committee has passed funding bills to determine federal spending in fiscal year 2025. Two of these bills include language intended to disrupt the Biden Administration’s move to reschedule marijuana, and to redefine hemp, mirroring the controversial Miller Amendment put forth in the House draft of the 2024 Farm Bill.
Blocking the Rescheduling
Section 623 of the Commerce, Justice, Science, and Related Agencies Appropriations Act of 2025 (H.R.9026), would prevent the Department of Justice from using its funds to reschedule marijuana. This comes in response to an earlier DOJ proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).
SEC. 623. NONE OF THE FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE BY THIS ACT MAY BE USED TO RESCHEDULE MARIJUANA (AS SUCH TERM IS DEFINED IN SECTION 102 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 802)) OR TO REMOVE MARIJUANA FROM THE SCHEDULES ESTABLISHED UNDER SECTION 202 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 812).
The Department of Justice could promulgate a final rule to reschedule marijuana as soon as this fall, before the House Appropriations Committee's proposed budget takes effect, making the language only symbolic in nature. It is also expected that the Senate Appropriations bill would not include such a restriction of funds.
Redefining Hemp
In another bill, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2025, language was included to clarify the definition of hemp, effectively prohibiting cannabinoid products such as delta-8 THC and CBD containing any “quantifiable” amount of THC from being sold. Under this proposal, cannabinoids that are “synthesized or manufactured outside of the plant” would no longer meet the definition of legal hemp.
SEC. 760. Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended—
(1) by amending paragraph (1) to read as follows:
(1) HEMP.—
“(A) IN GENERAL.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis.
“(B) EXCLUSIONS.—Such term does not include
“(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or
“(ii) any hemp-derived cannabinoid products containing—
“(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
“(II) cannabinoids that—
“(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and
“(bb) were synthesized or manufactured outside the plant; or
“(III) quantifiable amounts (as determined by the Secretary in consultation with the Secretary of Health and Human Services) of—
“(aa) tetrahydrocannabinol (including tetrahydrocannabinolic acid); or
“(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol (as determined by the Secretary in consultation with the Secretary of Health and Human Services).”.
(2) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and
(3) by inserting after paragraph (1) (as so amended), the following:
“(2) HEMP-DERIVED CANNABINOID PRODUCT.—The term ‘hemp-derived cannabinoid product’ means any intermediate or final product derived from hemp, excluding industrial hemp, that—
“(A) contains cannabinoids in any form; and
“(B) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.”.
This language mirrors language in a controversial amendment to the 2024 Farm Bill proposed by Rep. Mary Miller (R-IL).
Watch the Appropriations Hearing:
If you have concerns about the proposed changes to the definition of hemp, the potential impact on your business, the current market, and the legality of products, the EARTH Law team is here to help! Please schedule a Consultation at info@earthlawllc.com or call us at 541-632-3946.
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