A recent study published in Biocatalysis and Agricultural Biotechnology analyzed the possibilities of genetically engineering cannabis to ensure consistency and targeting specifical cannabinoids.

In “Using Advanced Biotechnological Techniques to Improve Cannabis Cultivars,” researchers from the University of Lethbridge’s Department of Biological Sciences in Alberta, Canada, explored the benefits of gene editing in cannabis. “Inherent breeding limitations, genetic instability, and psychoactive compounds have impeded utilization, however, application of biotechnology tools such as molecular breeding, tissue culture, and genetic engineering can advance cannabis research and applications,” the study authors wrote. “With recent advancements, cannabis micropropagation can substantially increase multiplication rates while preserving genetic lines.”

Examples of genome editing tools include zinc finger nucleases (ZFNs), transcription activator-like effector nucleases (TALENs), or clustered regularly interspaced short palindromic repeats (CRISPR)-Cas systems, which can be used to manipulate or precisely modify a gene. Researchers noted that these methods of gene editing in cannabis are “promising tools” “for editing biosynthetic pathways to increase enzyme efficiency and the development of novel cannabis traits.”

Traditional cannabis cultivation methods aren’t fully reliable when trying to create a strain with a specific cannabinoid in mind and is influenced greatly by the growing environment and various methods of cultivation. Also the hindrance of federal law that prohibits hemp growers from cultivating their crop by limiting the percentage of THC. If a grower’s crops are tested above the legal threshold of 0.3% THC, then the crops must be destroyed.

According to researchers, the CRISPR method of editing could be especially useful in targeting specific cannabinoids. “A recently emerged CRISPR-based technique known as base editing holds significant promise for customizing alleles and comprehensively characterizing genes, leading to the creation of gain-of-function mutations” researchers wrote. 

The authors surmised that utilizing the CRISPR method would allow for scientists to manipulate the amount of CBD or THC in a strain, which could also potentially save growers from losing money on crops that would otherwise be destroyed due to the THC limitation.

Ultimately, researchers stated that cannabis gene editing should be further explored for its potential. “In comparison to other profitable crops, cannabis stands out as exceptionally well-suited for bioenergy production, and it is attracting attention for its medicinal and economic prospects,” the study stated. “Biotechnology, with a primary focus on continually refining gene editing methods, presents the opportunity to unleash the complete potential of cannabis via genetic enhancements.”

However, even with the projected benefits of gene editing, researchers prefer a recommendation to study cannabis gene editing further. “As our understanding of cannabis genetics and biotechnological tools advances, we can anticipate more effective and sustainable approaches for producing cannabis with specific characteristics, all while navigating the complexities of the modern cannabis industry,” the researchers concluded.

In September 2023, U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Services (APHIS) gave approval to the cultivation of a strain that contains reduced percentages of THC and CBC. “APHIS found this modified hemp is unlikely to pose an increased plant pest risk compared to other cultivated hemp,” the agency wrote in its review. “As a result, it is not subject to regulation under 7 CFR part 340. From a plant pest risk perspective, this hemp may be safely grown and bred in the United States.”

In March 2024, APHIS approved the hemp cultivators in Wisconsin growing a genetically modified hemp strain called Badger G. The modified strain was found to contain high percentages of CBG through the CRISPR/Cas9 gene editing technique, and lacks CBD and THC. 

Additionally on March 8, the USDA celebrated the second national “Biobased Products Day,” which is a day of awareness dedicated to showcasing biobased products that benefit the economy. “The Biden-Harris Administration supports and incentivizes biobased products because they are what consumers want — and what farmers, and our planet, need,” said Agriculture Secretary Tom Vilsack. “American farmers, growers, biobased business owners and innovators are resilient and thriving. We are committed to celebrating them and the economic, environmental and health benefits of biobased products on National Biobased Products Day.”

In honor of the day, the USDA released two reports, including one called “An Economic Impact Analysis of the U.S. Biobased Products Industry: 2023 Update,” and another called “Hemp Research Needs Roadmap,” which details industry necessities through “Breeding and Genetics,” “Best Practices for Production,” “Biobased Products Manufacturing for End-uses” and “Transparency and Consistency.”

In the “Breeding and Genetics” section of the report, the USDA described the necessity of stable cannabis strains. “High-quality, consistent, and stable varieties are a necessity to establish value across the hemp industry,” the report stated. “Given the unique biological characteristics of hemp, both foundational and applied research will be required to unlock value, and it is critical that public-private partnerships are preserved to continually generate genetic gain.”

The announcement also included an investment of $10 million into Oregon State University’s Global Hemp Innovation Center. The Center will be working with Native American Tribes to increase economic development in hemp-based materials and products. 

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The U.S. House Committee on Agriculture recently released a 942-page draft of the 2024 Farm Bill, also called the Farm, Food, and National Security Act of 2024, on May 17. Currently the bill is projected to cost $1.5 trillion over a 10-year period. During a Farm Bill hearing on May 23, the committee passed an group of amendments en bloc, one of which would essentially prohibit all hemp-derived products.

In its current form, the amendment would implement a ban on “all ingestible hemp products with any level of THC.” It would also redefine hemp to “only include naturally occurring, naturally derived, and non-intoxicating cannabinoids,” and remove cannabinoids “synthesized or manufactured outside of the plant” from the definition of legal hemp.

The amendment was proposed by Illinois Rep. Mary Miller. “My amendment will close the loophole created in the 2018 Farm Bill that allows intoxicating hemp products like delta-8 to be sold,” Miller said on May 23. “These products are being marketed to children and sending hundreds of them to the hospital. We must stop teenagers and young children from being exposed to addictive and harmful drugs.”

Some representatives expressed support for Miller’s amendment, but requested more information. Tennessee Rep. John Rose explained that more clarification is necessary to separate the “intentional and unintentional products” in the 2018 hemp definition. Virginia Rep. Abigail Spanberger added that she only seeks to make changes that would benefit farmers in her state. “Greater clarity is incredibly important, and particularly for fiber hemp producers, this amendment would make clear the valuable work that they do and make clear the viability of their product,” Spanberger added.

However, many more legislators opposed the amendment, such as Indiana Rep. Jim Baird. He argued that since the 2018 Farm Bill was passed, many farmers have invested everything they had into farm businesses. “American farmers deserve the certainty afforded with the current definition of hemp. The proposed amendment arbitrarily changes the current congressionally written definition of hemp,” Baird said.

While Miller’s amendment is an attempt to protect children, Rep. Derrick Van Orden argued that many Americans have embraced their hemp businesses as their livelihood in order to care for their families. “American farmers deserve the certainty afforded with the current definition of hemp,” said Van Orden. “The proposed amendment arbitrarily changes the current congressionally written definition of hemp.”

Indiana Rep Zach Nunn also echoed this opinion, stating that he wants to work with his colleagues to protect kids from drugs, but the amendment “goes too far” by banning hemp grain and fiber industries.

Many hemp organizations such as the independent nonprofit U.S. Hemp Roundtable immediately released statements regarding the  news. “We had been assured on several occasions by committee staff and the Chairman personally that they would not support any effort to kill the hemp industry,” the organization wrote about the en bloc amendment passage. “But unfortunately, the decision was made by the Chairman to use a procedural tactic to avoid a separate vote on the issue.  And that resulted in passage of a deeply flawed and deeply objectionable policy.”

The Farm Bill and its amendments have been sent to the House floor for discussion, but the U.S. Hemp remains confident that it won’t pass. “Even if the House should pass the Farm Bill, the differences between House Republicans and Senate Democrats are considerable at this point,” the organization continued. “And even if the major issues dividing the parties are resolved, we continue to have many friends in both branches on both sides of the aisle who will work with us to defeat this hemp-killing language.”

Indigenous Cannabis Industry Association founder Rob Pero (also called Bad River) also published a statement expressing concern, especially for the unknown effects such an amendment would have on CBD products. “This would not only impact potentially impairing products like Delta-8 but would also extend to non-intoxicating CBD products with any quantifiable amount of THC” Pero stated. “Such a broad prohibition would effectively eliminate 90-95% of the hemp products market, jeopardizing the livelihoods of countless farmers, entrepreneurs, and Indigenous communities relying on the hemp industry for economic sustainability.”

The National Cannabis Industry Association (NCIA) expressed its recommendations on how to best regulate intoxicating hemp products, as according to its paper, “Navigating the Future of Cannabinoid Regulation.” This includes regulating intoxicating THC hemp products in the same manner as cannabis or alcohol, increasing the THC percentage allowance in hemp products to 1% (up from 0.3%), and creating “reasonable” THC content limits per serving. “Congress has the opportunity to protect public health and support small businesses by enacting sensible regulations for cannabinoid products,” said NCIA CEO Aaron Smith.

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Georgia Governor Brian Kemp, a Republican, signed a legislative package on Tuesday, which his office described as “focused on supporting Georgia’s ever growing agricultural industry and improving security against foreign adversaries.”

The package, per the governor’s office, “tackles ownership of agricultural land or land near military installations by certain individuals acting as an agent of a foreign adversary, alleviates high input costs for our farmers and ranchers, protects children from misleading and dangerous marketing, and increases the penalty for livestock theft.”

“As valued members of our state’s number one industry, Georgia’s farming families deserve our enduring support as they face unprecedented challenges, including having to navigate disastrous federal energy policies, attempts by foreign adversaries to acquire farm land, and theft of property,” Kemp said in a statement. “We are tackling these challenges head on, and I want to thank our legislative partners for their work on these important issues.”

One of the measures, SB 494, “makes changes to the framework for hemp regulation in Georgia to allow the Georgia Department of Agriculture (GDA) to have greater oversight and enforcement power and adds labeling, packaging, and marketing requirements to protect children from misleading and dangerous marketing,” according to the governor’s office.

Specifically, the bill “establishes licensing requirements for growing hemp as well as manufacturing and selling low-THC hemp products,” and “also limits the possession and sale of hemp products to adults at least 21 years of age,” according to the Capitol Beat News Service.

The outlet described hemp farming in Georgia as “a fast-growing industry.”

“The vast majority of the jobs and the vast majority of the investment that have been created by these great private-sector companies … have been located outside the metro-Atlanta counties, creating opportunities for Georgians to succeed no matter what their zip code,” Kemp said at signing ceremony on Tuesday, as quoted by Capitol Beat News Service.

Like many other states, Georgia took the step to legalize hemp farming following the passage of the 2018 Farm Bill, which made hemp-derived products legal under federal law.

Recreational cannabis remains illegal in the Peach State, but lawmakers there legalized medical cannabis treatment in 2015 with the passage of Haleigh’s Hope Act, which permitted eligible patients access to low-THC cannabis oil.

In 2019, the Georgia General Assembly passed another measure that authorized “the Georgia Access to Medical Cannabis Commission to oversee the regulated licensing of limited, in-state cultivation, production, manufacturing, and sale of low-THC oil as well as dispensing to registered patients on the state’s Low-THC Oil Registry,” according to the state Access to Medical Cannabis Commission’s official website.

That bill was signed into law by Kemp.

The governor’s office said that although the package of bills signed into law on Tuesday “primarily focused on agriculture-related issues, it also addresses career burnout among healthcare professionals and goes after those who are distributing fentanyl-laced medications or controlled substances.”

SB 465, for example, “targets those involved in distributing fentanyl-laced medications to unknowing consumers by creating the offense of aggravated involuntary manslaughter for persons who manufacture or sell an apparent controlled substance that contains fentanyl and cause the fentanyl overdose death of another,” and “also establishes a criminal penalty for unregulated persons to possess a pill press, tableting machine, encapsulating machine, or other materials used to manufacture controlled or counterfeit substances.”

SB 420 “prohibits the ownership or acquisition of agricultural land or non-residential land within a radius of a military location by a nonresident alien acting as an agent of a government designated as a foreign adversary, entity domiciled/majorly owned in certain countries, or governments of countries designated as a foreign adversary by the U.S. Secretary of Commerce,” while SB 340 “adds diesel exhaust fluid (for agricultural uses only) to the Georgia Agricultural Tax Exemption (GATE) – alleviating high input costs for our farmers and ranchers.”

HB 455 “requires that professional programs established to address career fatigue and wellness in healthcare professionals are not obligated to report information on individual cases to the respective licensing boards unless they are determined to not be competent to continue to practice or are a danger to themselves or others,” while HB 1335 “adjusts staffing requirements in personal care homes, assisted living communities, and memory care centers by ensuring that no fewer than two on-site direct care staff are present on the premise at all times with at least one staff person on each floor. If the personal care home has implemented a medical alert system and each resident is provided a wearable device that connects to such system, then the staff person may move about the premises as necessary.”

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The Alabama Senate Agriculture, Conservation, and Forestry Committee (SACFC) recently passed a bill to finally get the state’s medical cannabis program rolling.

Sen. Tim Melson is the legislator who sponsored Senate Bill 46 three years ago, which eventually was passed into law as the Medical Cannabis Act 2021-450 after Gov. Kay Ivey signed it in May 2021.

Most recently, Melson introduced Senate Bill 306 on April 9 to push the program forward after years of delays. “We got this done in three years,” Melson said of his legislation. “It’s taken this long to get this to the patients who are out there that need it, and it’s just time to correct this course and get them something to help them in their illness.”

According to Alabama Daily News, Melson believes that the program needs to restart in order to correct various issues. “We tried to find a solution to getting a product to market, but this goes back to the old joke: you got one job, and you blew it,” said Melson. “The commission had one mission, and they have not executed it. I think in the best interest of this program, we need to start from scratch, we need to throw [out] every license applicant that received [a license]. This bill just wipes the slate clean.”

Currently, the Alabama Medical Cannabis Commission (AMCC) can only license five “integrated facility licenses” to cultivate, process, and sell medical cannabis. According to The Birmingham News, more than 30 companies have applied for a license.

If SB-306 is passed, it would create a three-step process to approving licenses. First, a five-member panel (appointed by the Alabama Securities Commission) will decide if an applicant is eligible for a license. This includes basic information such as residency verification, background checks, business plan, and proof of capital.

Second, the review panel will determine if the applicant can get cultivation and dispensing operations going within 60 days of receiving a license, and also must be able to dispense cannabis products to five sites within six months of receiving a license. All cannabis must be grown “using artificial light exclusively or as a supplement to natural sunlight,” and cannot be grown outdoors or directly in the ground. Other criteria such as a structure plan and security detail. 

And finally, the AMCC will provide scores to rank which applicants are most eligible for a license.

Additionally, only applicants that applied for an integrated license prior to December 2022 would be eligible under SB-306.

So far within the past 10 months, the AMCC has only awarded three licenses. Part of the reason for this includes procedural problems, as well as ongoing lawsuits that have prevented licenses from being granted.

Even still, some cannabis business owners aren’t supportive of Melson’s bill. Specialty Medical Products CEO Ray French told The Birmingham News that SB-306 is a setback. “Once the commission took the time to get to know the candidates and actually vet them, see them and understand who they are, they made a decision based on all of the information given to them and picked who they thought were the best candidates to move this needle forward,” French said.

French’s company applied and failed to receive a license during the first two rounds of license awards in June and August 2023, but was approved in December 2023. However, none of the chosen applicants have actually received a license due to the ongoing lawsuits, which have placed license approval on hold. “They picked what they felt like were the most qualified candidates,” said French. “And to start over to favor other candidates for whatever reasons and to take away all the control from the commission members themselves is only a setback. It is an unnecessary do-over and a setback and is going to delay the program to the point where it may never take off.”

Attorney Will Somerville, representing Alabama Always, which has not yet been approved for a license, said that his client is more supportive of the idea. “Senator Melson did a remarkable job in 2021 helping Alabamians get access to cannabis for their medical needs,” said Somerville. “The Cannabis Commission has had three years to get this program going and it’s still dead in the water. The Commission did not follow the law and the Courts halted the process. Senator Melson has stepped up again this Session with a Bill that will break the logjam and get this medicine to folks that need it.”

Aside from the SACFC approving SB-306, it also approved Senate Bill 276 (introduced by Sen. David Sessions) as well. If passed, it would address various AMCC licensing issues, such as increasing the number of integrated licenses to up to 10. However, The Birmingham News reported that those who spoke at the recent meeting opposed SB-276.

In response to Melson’s bill, Sessions explained that they both have similar goals. “I know where your heart is and I think we’re aligned,” Sessions commented. “Our main goal is to try and get this out of court and get it up and running.”

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The government of the United Kingdom has approved changes to the rules governing industrial hemp licenses designed to make it easier for farmers to grow the crop. The new regulations will support regulated farmers who grow hemp and encourage new investment in the industry while continuing to discourage illegal drug uses of the plant, government officials said this week.

In the U.K., industrial hemp (cannabis with less than 0.2% THC) can be legally grown outdoors by licensed farmers for the production of fiber and seed. Under the current rules, initial hemp cultivation licenses are issued for three growing seasons for a fee of £580 (about $727). License renewals cost £326 (approximately $409) and are also good for three years.

Under the new rules, which are slated to go into effect for the 2025 growing season, the length of time a hemp license is valid will be extended to six years. The amended regulations also allow farmers to apply for a hemp cultivation license with a deferred start date of up to one year, giving new growers more time to prepare for the new crop.

The new rules, which were developed in collaboration with experienced hemp growers, will also allow farmers to grow hemp anywhere on a licensed farm instead of limiting production to specific parcels of land. The change will give growers more flexibility in managing their operations and allow them to implement hemp into a crop rotation plan for their farms.

A Sustainable Crop for U.K. Farmers

The number of licensed hemp growers in the U.K. has increased significantly over the past 10 years, from only six in 2013 to 136 in 2023. Farming Minister Mark Spencer said in a statement that the new rules will give British farmers more opportunities to succeed by growing hemp.

“Industrial hemp has huge potential across the UK to unlock new revenue streams, expand our bioeconomy without permanently removing land from food production, and bring wider environmental benefits,” said Spencer, according to a report from FarmingUK.

“The licensing changes recognize industrial hemp as a field-grown agricultural crop and will enable more farmers to add hemp to their crop rotations,” he added.

Industrial hemp licenses do not allow farmers to utilize hemp flowers or leaves. Growers who wish to do so can obtain cannabis cultivation licenses, which allow for the indoor production of the plant for medicinal purposes. The dual licensing scheme is designed to allow for the cultivation of cannabis and hemp for permitted purposes while preventing drug misuse and protecting public safety.

“This government will always seek to reduce unnecessary regulatory burdens placed on businesses so that they can flourish and grow,” said Chris Philp, minister for crime and policing, the Farmers Guide reported on Wednesday. “The changes outlined today will help farmers and manufacturers in the UK to fully realize the economic potential offered through the safe and legal cultivation of hemp.”

The adoption of the new rules was supported by groups including the National Farmers Union (NFU). Jamie Burrows, chair of the NFU Combinable Crops Board, said in a statement that hemp agriculture can benefit farmers and the environment.

“It is one of the most sustainable crops farmers can grow, is a really good crop for capturing carbon from the atmosphere, has little to no input requirements and also has the ability to diversify farming businesses and crop rotations, especially when other break crops like oilseed rape are becoming more difficult for British farmers to grow due to increased pest pressure,” Burrows said this week.

The U.K. government has also requested that the Advisory Council on the Misuse of Drugs provide guidance on whether the permissible amount of THC in industrial hemp can be raised from 0.2% to 0.3%, the standard in the United States, Canada, China and the European Union. 

The government also noted that it expects the nation’s police to continue to take a zero-tolerance approach to cannabis possession. Under U.K. drug laws, possession of cannabis can be punished by a fine and jail sentence of up to five years, with harsher sentences of up to 14 years behind bars for cannabis distribution convictions.

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Farmers in Zimbabwe are pivoting from the country’s traditional staple crops like corn to a new lucrative crop—hemp production. Leaders in the country, however, are more worried about any disruptions to food security locally than the potential economic boon hemp will likely bring to the country.

Agriculture contributes about 18% to Zimbabwe’s total gross domestic product (GDP), and maize or corn is the country’s staple crop and accounts for a substantial proportion of the lion’s share of fertilizers that are used, the Zimbabwe Food and Agriculture Organization reports. Corn crops are followed by millet and sorghum, in terms of prevalence.

The country also adopted a unique hemp program compared to other countries. In February 2023, Zimbabwe increased the THC limit for industrial hemp from 0.3% to 1%, making significant changes for the African country’s hemp industry. That changes everything, as even 1% THC is enough to allow for products with low psychoactive effects. International companies have taken note and are utilizing growth through Zimbabwean hemp.

The rapid changes in Zimbabwe’s economy is promising but it also creates a few new concerns. ZimEye reports that the country’s hemp industry is governed by the country’s Agricultural Marketing Authority (AMA), and the shift into hemp production signals a new era for Zimbabwe’s economy, which has historically been rooted in food production. 

However, this pivot towards industrial hemp cultivation raised concerns over the potential negative impacts on the nation’s food security, challenging Zimbabwe’s agricultural legacy: The 1975 UN World Book records highlighted Zimbabwe—then called Rhodesia—as having the fastest-growing crop economy.

International interest in Zimbabwean hemp is increasing. Zimbabwe has exported over 8,000 tons of hemp to countries such as Poland, Switzerland, and Germany. Plantiqua Hemp, a Poland-based company, for instance, to enhance the quality and marketability of Zimbabwean hemp.

This makes AMA agribusiness director Jonathan Mukuruba optimistic about this new sector that’s growing in strength. “The future of industrial hemp in Zimbabwe looks very promising… with a growing interest in the sector, Zimbabwe is on track to emerge as a regional leader in industrial hemp production,” Mukuruba said.

Zimbabwe’s poverty rate hit nearly 40% in 2019, which is why food security is crucial in any decision for local leaders. “Poverty” is defined in the country as people who make less than $2.15 per day.

 “The challenge lies in balancing the cultivation of crops for industrial purposes with the imperative to ensure food security,” stated Dr. Frank Magama, CEO of Kutsaga Research Station. “As we explore the potential of hemp, we must also consider our longstanding tradition of food production and the critical importance of maintaining food security.”

Kutsaga Research Station is conducting research to identify hemp varieties suitable for Zimbabwe. 

Zimbabwe’s Shifting Economy and Hemp

That’s changing quickly in the African country as nearly all forms of cannabis were illegal prior to changes made in 2018. 

In 2018, Zimbabwe became the second nation in Africa to legalize medical cannabis and cannabis production for medical and scientific purposes. Since then, Zimbabwe officials registered over sixty entities in the hemp production, trade, and research sectors since the market took off in 2018.  In 2019, Zimbabwe abolished its ban on cannabis cultivation, which set the stage for the country’s farmers to begin cultivating industrial hemp to export. That same year, the country issued the first license to a medical cannabis company to begin cultivation.

In May 2022, Zimbabwean President Emmerson Mnangagwa commissioned a $27 million medical cannabis farm and processing plant to be run by Swiss Bioceuticals Limited in West Province, Zimbabwe.

The Medicines Control Authority of Zimbabwe said on July 26, 2022 that it would begin accepting applicants from cannabis and hemp producers, manufacturers, importers, exporters, and retail pharmacists, in a seismic shift away from tobacco.

Higher THC caps make the country’s hemp unique.

Zimbabwe Independent reported that the THC level increase makes significant changes for CBD manufacturers, who will now be able to produce the entourage effect combined with other cannabinoids. 

The amended bill, called the Criminal Law (Codification and Reform) Amendment Bill, 2002 is proposing the amendment of section 155 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as “the Act”) to remove industrial hemp from the list of dangerous drugs.

“By the insertion of the following definition,” the bill reads, “‘Industrial hemp’ means the plant cannabis sativa L and any part of that plant, including the seed thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not with a delta-9-tetrahydrocannabinol concentration of not more than one per centum on a dry weight basis.”

With looser restrictions on hemp farming, the plant could replace maize or corn eventually as the country’s next staple crop.

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Proposed rules to regulate hemp in Tennessee could put a limit on the total amount of all forms of THC allowed in products, potentially closing what some see as a legal loophole that has led to the marketing of hemp flower high in THCA. When smoked, THCA converts to delta-9 THC, the cannabinoid primarily responsible for the psychoactive effects of weed.

In April 2023, Tennessee lawmakers passed legislation to regulate and tax hemp products grown, manufactured and sold in the state. Under the bill, the Tennessee Department of Agriculture was tasked with developing rules to govern the industry, including regulations for product testing, compliance and enforcement. In December, the department released a draft proposal of the new rules mandated by the legislation.

The 2018 Farm Bill legalized hemp at the federal level, defining hemp as cannabis that contains no more than 0.3% delta-9 THC. Using this definition, many hemp growers have begun producing cannabis that is high in THCA, a cannabinoid that is converted to delta-9 THC when subjected to heat through a process known as decarboxylation. 

Federal regulations require hemp to be tested for THC content within 30 days of harvest, using a test that combines the amounts of delta-9 THC and THCA using a specific formula to determine total THC. Cannabis with more than 0.3% total THC at testing time is considered marijuana under federal law and is still illegal.

Some hemp growers, however, have developed agricultural processes and strains of cannabis that do not express high levels of THCA until late in the 30-day testing window. By testing early in the window, growers can produce hemp flower that complies with regulations at testing time but has high levels of THCA after harvesting and packaging. As a result, THCA hemp flower is available in many states that have not legalized cannabis, despite the fact that it is psychoactive when smoked or vaped.

The companies marketing these products argue that they comply with the Farm Bill and thus are legal. Others, however, see this interpretation as a loophole that is likely to be closed. Already, several states have taken steps to regulate hemp cannabinoids.

“There is a very cat’s-out-of-the-bag mentality around it. Some people view this as the actual legalization of cannabis in America,” Madeline Scanlon, cannabis insights manager at market data analyst firm Brightfield Group, told MJBizDaily.

“Other people view this as a loophole to be squashed and are advocating for it. But no matter, it’s out there,” Scanlon added. “People can buy it just like they would normal cannabis.”

New Rules Tighten Legal Definition Of Hemp

The new rules proposed by the Tennessee Department of Agriculture would redefine hemp by requiring finished products to have no more than 0.3% total THC. Hemp advocates say the rule would make many THCA, delta-8 THC and CBD products that are available now illegal, with devasting effects on the state’s hemp growers and retailers.

“Unfortunately, they are regulating it out of business,” Kelley Hess, executive director of the Tennessee Growers Coalition, told the Chattanooga Times Free Press in January. “They are creating law in the rules and are exceeding their authority in creating a new definition of hemp in the rules outside of the law.”

The Department of Agriculture’s proposed rules would also allow it to conduct random inspections and test products being sold by retailers. Hemp advocates argue that by the time the products have been manufactured and received by retailers, some THCA may have decarboxylated, making them contain more than 0.3% delta-9. Hess says that the rule would “wipe out” the industry for THCA and CBD flower in Tennessee.

“There is practically no way that a farmer or grower could meet all the rigorous standards on the growing side in addition to all of the standards they have put on for their products to be put on the shelf,” Hess said.

Hemp Advocates Sound Off About Proposed Rules

The Department of Agriculture held a public hearing on the proposed rules in February. According to the Tennessee Growers Coalition, between 200 and 300 hemp industry supporters attended the hearing to express their views on the draft rules. Andy Chesney, owner of the Hemp House in West Knoxville, testified before regulators at the hearing.

“By eliminating THC, you’re not really gaining the full effects of the plant, or the full benefits of it,” Chesney said. “And so from a consumer perspective, the frustrating part is that what seems to be considered by the powers that be in Tennessee, is this getting high and regulating people who are attempting to get high.”

Kim Doddridge, public information officer for the Tennessee Department of Agriculture, said after the hearing that the agency is currently reviewing the public comments and developing the final rules. She also noted that the law requires the department to finalize the new rules by July 1.

“The record, responses, and final rule coming from the February 6 hearing will be submitted to the TN Attorney General’s Office,” Doddridge said, according to a report from local media. “Their office will review the final rule for legality and constitutionality, and if approved, the final rule will be filed with the Secretary of State’s Office and will be effective 90 days later.”

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The hemp-derived fiber market is growing exponentially. The Business Research Company, a global market research and consulting firm located across the globe, updated its reports with latest data on hemp fiber for 2024 and projections up to 2033, and the projections look promising.

The Business Research Company’s “Hemp Fiber Global Market Report 2024” was published on March 8 and provides a comprehensive source of information that covers every facet of the market. According to the TBRC’s market forecast, the hemp fiber market size is predicted to reach $50.38 billion in 2028 at a compound annual growth rate (CAGR) of 35.0%.

The growth in the hemp fiber market is due to increasing legalization to cultivate industrial hemp. Asia-Pacific region is expected to hold the largest hemp fiber market share. Major players in the hemp fiber market include Shenyang beijiang, BaFa Holding BV, Plains Industrial Hemp Processing Ltd., Industrial Hemp Manufacturing LLC, Hemp Oil Canada Inc.

“Hemp fiber refers to one of the robust members of the family of strong natural fibers, which are generated from the cannabis family’s hemp plant,” the report reads. “The plant’s stem is made up of long strands that are used to make hemp fabric. By using a technique called retting, these fibers are extracted from the bark and then spun together to produce a continuous thread that can be woven into textiles.”

The report also identifies what parts of the plant are typically used in the hemp fiber process.

“The main types of hemp fiber are long (bast) fibers, and short (core) fibers. The long (bast) hemp fiber market refers to the soft woody fiber obtained from the stems of dicotyledonous plants and is used for textiles and cordage, the report continues. “The different sources include organic and conventional, and are used in food, beverages, personal care products, textiles, pharmaceuticals, and other applications.”

Researchers divided hemp fiber market segments by the following parameters:

• By Type: Long (bast) Fibers, Short (core) Fibers
• By Source: Organic, Conventional
• By Application: Food, Beverages, Personal Care Products, Textiles, Pharmaceuticals, Other Applications
• By Geography: The global hemp fiber market is segmented into North America, South America, Asia-Pacific, Eastern Europe, Western Europe, Middle East and Africa.

The market report includes Hemp Fiber Market Characteristic, Hemp Fiber Market Trends And Strategies, Hemp Fiber Market – Macro Economic Scenario, Hemp Fiber Market Size And Growth, Hemp Fiber Market Competitor Landscape And Company Profiles, Key Mergers And Acquisitions In The Market, and many other topics.

Industrial Hemp Uses

Every day, people are finding more uses for industrial hemp. (Just refer to the works of Jack Herer, the “Emperor of Hemp.” Architects, for instance, are increasingly relying on hemp as a cleaner, more efficient replacement for traditional home construction materials. 

A recently published article by The Cool Down (“America’s mainstream climate brand”) detailed how hemp can be “transformed into a material called hempcrete.”

“Hempcrete is a carbon-negative building material made out of hemp, which is increasingly being used in place of concrete. The biocomposite material is created from hemp shiv—the woody core of hemp stalks—and mixed with a binder, such as lime powder, and water,” according to the article. “The result is a tough, adaptable material that can be mixed with varying proportions of hemp and lime depending on its intended purpose.

Hemp is constantly proving to be useful in making other materials and products. A Wisconsin-based hemp battery manufacturing company, for instance, created a goal to hire former employees of Energizer.

Portage, Wisconsin-based Wisconsin Battery Co. (WinBat) makes batteries out of hemp instead of graphene, for use in devices like hearing aids. Earlier this month, WinBat announced that it has acquired 17 acres of land in the Portage Industrial Park to develop its battery plant, a According to a Dec. 21, 2023 press release,

Last October, a variety of hemp plant genetically modified to produce little-to-no THC was approved by the United States Department of Agriculture as safe to grow and breed on U.S. soil. 

The USDA’s Animal and Plant Health Inspection Service (APHIS) released a notice about the plants last week, created and submitted by Indiana-based Growing Together Research, a biotechnology company specializing in cannabis, hemp, psychedelics and agriculture. APHIS regulates the “movement of organisms modified or produced through genetic engineering.”

“APHIS found this modified hemp is unlikely to pose an increased plant pest risk compared to other cultivated hemp,” the USDA notice said. “As a result, it is not subject to regulation under 7 CFR part 340. From a plant pest risk perspective, this hemp may be safely grown and bred in the United States.”

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Things are changing fast regarding how hemp is tolerated in agriculture and farming. The U.S. Food and Drug Administration’s veterinary arm, the FDA-Center for Veterinary Medicine’s (FDA-CVM), is responsible for assuring that animal drugs and medicated feeds are safe and effective. Officials that determine approved chicken feed ingredients recommended hemp seed meal for hens, under a tentative FDA-CVM approval, as evidence mounts showing hemp seed is not only safe but beneficial for healthy hens and eggs.

Hemp Feed Coalition (HFC)—a nonprofit that aims to federal approval for hemp grain products in animal feed—announced a “landmark achievement” with the tentative approval of Hemp Seed Meal (HSM) for Laying Hens at the recent Association of American Feed Control Officials (AAFCO) 2024 Mid-Year Meeting. 

“Hemp’s entry into animal feed will catalyze agricultural advancement,” HFC President and COO of Bish Enterprises, Andrew Bish. “It’s an opportunity for farmers to diversify, to develop more sustainable supply chains, and to reap the benefits of a new crop.”

The AAFCO guides state, federal and international feed regulators with ingredient definitions, label standards, and laboratory standards, and has done so for over 110 years. The AAFCO celebrated the recommendation for hemp seed feed during the first day of its Workshop & Board of Directors Meeting held on January 23-25 in Chattanooga, Tennessee.

Hemp Seed Meal is Healthy for Hens and Eggs

We already know that hemp seeds are packed with essential vitamins, minerals, healthy oils, and an impressive, high-quality protein profile. Now research confirms the nutritional value of hemp feed resembles that of soy and canola, and is believed to be safe. The data also shows the value of hemp seed is growing and could surpass typical feed sources.

Specifically, researchers found that hemp-fed hens lay eggs enriched with essential fatty acids such as ALA, DHA, and GLA, and increased amounts of Lutein. They are all known to promote better human health.

The safety of HSM has been validated after undergoing the FDA-CVM’s rigorous evaluation, and it will provide formulators and feed mills with the assurance they need that HSM is a safe and viable protein and fat source. 

“Data to support this application included the validated method and quantification of cannabinoids in both the ingredient and egg product, and it was verified that any potential cannabinoid contaminants did not transfer over to human food products,” the HFC’s announcement reads.

The Road Here

Federal officials are typically strict about any sort of medical claims on hemp products, including those intended for animals and livestock. 

Keep in mind that just over a year ago in May 2022, the FDA sent out warning letters to four hemp-derived CBD companies that were selling hemp products marketed for animals.

This will go before AAFCO’s Board and members for final approval, and then be adopted into the Official Publication later this year. This “historic milestone” took over three years to achieve and will allow processors to formulate with HSM in the diets of egg-laying hens as a source of protein and fat at an inclusion of no more than 20%. To see the ingredient definition in its entirety, visit the HFC’s website.

Crops like hemp, that are new to the agricultural world, provide benefits to soil, disease control, and farm flexibility. Furthermore, hemp requires lower input needs, resulting in a more sustainable supply chain overall. 

HFC shared their support for a more nutritious ingredient, reducing risk for farmers, and opening up the door to opportunities in the hemp market. 

HFC members are proud to support these efforts and lay the groundwork for hemp grain products in feed across species. Visit the MemberZone page to access additional data and resources, and to learn more about the benefits of HSM for laying hens.

Hemp Seed Feed by State

Late last year, a bill to allow hemp seeds in animal feed in New York was stopped in its tracks. Two New York measures would allow for hemp seeds to be part of animal feed meant for pets, horses and camelids, like llamas and alpacas and got the green light from the state Assembly and Senate earlier this year. 

In early December, Gov. Kathy Hochul (D) received the pair of bills, though she effectively stopped them in their tracks via veto, stating that there is a lack of information about using industrial hemp in this way and pushing for the state to study the topics in an “expeditious manner.”

Specifically, the measures would have allowed industrial hemp seed to be added to animal feed that includes seed hulls and seed meal. The bills would not have allowed for hemp seeds and additives to expand to other commercial livestock, most likely because of regulatory complications surrounding certain ingredients for animals used for human consumption.

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In a news release on Tuesday, the Cannabis Control Division (CCD) of the New Mexico Regulation and Licensing Department said that Bliss Farm and Native American Agricultural Development Company (NAADC), two cannabis farms located within miles of each other in Torrance County, New Mexico, had been ordered to “immediately stop all commercial cannabis activity” and “pay large fines.”

The two farms were cited for “exceeding plant count limits, not utilizing the state’s mandatory track and trace system and unsafe conditions, among other violations,” which resulted in the revocation of their licenses.

Additionally, Bliss Farm and NAADC must “each pay $1 million in fines for their illegal activity,” the Cannabis Control Division said. The fines will “be remitted to the State Treasurer and are to be deposited by law in the Current School Fund,” according to Tuesday’s news release.

“The illicit activity conducted at both of these farms undermines the good work that many cannabis businesses are doing across the state,” Clay Bailey, the Acting Superintendent of the New Mexico Regulation and Licensing Department, said in a statement. “The excessive amount of illegal cannabis plants and other serious violations demonstrates a blatant disregard for public health and safety, and for the law.”

Todd Stevens, the director of the Cannabis Control Division, said that he hopes the sanctions serve as a warning to other would-be violators.

“Compliance within the industry is the CCD’s main priority and our office is committed to ensuring New Mexicans have access to safe cannabis products,” Stevens said. “The team worked diligently on both of these cases to determine the appropriate action for violations at a scale we hadn’t seen before. The outcomes were justified under the law based on the egregious conduct of these individuals and I hope this serves as a reminder to those who might be violating the laws and rules the state has put forth.”

Last year, local news station KOAT conducted an undercover investigation that revealed “how some cannabis dispensaries were not following the rules and were selling marijuana coming from outside New Mexico.”

The state’s cannabis law requires all cannabis programs to be grown and regulated in New Mexico.

Acting Cannabis Control Director Andrew Vallejos told KOAT last year that the state needed “to devote some more resources to enforcement.” 

This week’s announcement suggests that might be happening. 

The Cannabis Control Division uncovered the violations at Bliss Farm and NAADC during inspections carried out by compliance officers.

At Bliss Farm, those officers “discovered multiple alarming violations including numbers of cannabis plants far exceeding the allowable limits under the Cannabis Regulation Act, not utilizing the state’s mandatory track and trace system, unpermitted structures, unsanitary conditions of the production facility, pests, and more,” according to Tuesday’s news release.

“In total, Bliss Farm was cited for 17 violations. The farm’s large number of cannabis plants on site and evidence of a recent harvest without records entered into the track and trace system led the division to conclude the plants were transferred or sold illicitly,” the agency said.

The Cannabis Control Division said that it “filed a Notice of Contemplated Action against Bliss Farm on August 14, 2023,” and that the business “requested a hearing on the matter which was set for October 19, 2023.” 

“At the hearing, the farm’s attorney stated that all violations had been remedied. However, upon returning to the facility, compliance officers did not see any evidence that the violations were fixed. The hearing  officer agreed to revocation and the imposition of fines which were set by the CCD after determining the appropriate amount,” the Cannabis Control Division said.

Native American Agricultural Development Company (NAADC), meanwhile “was cited for eight violations, including exceeding the allowable number of cannabis plants under the Cannabis Regulation Act, improper security measures, no chain of custody procedures, and ill-maintained grounds with trash and pests throughout,” according to the news release.

And much like at Bliss Farm, the Cannabis Control Division’s compliance officers “also saw evidence of a recent harvest at NAADC, but no plants had ever been entered into the mandatory track and trace system,” the release said.

“The CCD filed a Notice of Contemplated Action against NAADC on October 12, 2023. The hearing on the matter was conducted on November 22, 2023,” the news release continued. “At that time, representatives from NAADC and the CCD were given the opportunity to present their cases. The hearing officer agreed with the state’s recommendation to revoke NAADC’s license and impose a fine.”

New Mexico legalized recreational cannabis for adults in 2021, when Democratic Gov. Michelle Lujan Grisham signed the Cannabis Regulation Act into law. Legal adult-use sales began in 2022, topping $300 million in the first year of sales.

In Tuesday’s news release, the Cannabis Control Division said that it has “revoked six licenses to date and has levied more than $2.3 million in fines related to illegal activity.”

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