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1 [1] (December 2, 2021)

handle is hein.crs/goveexo0001 and id is 1 raw text is: Congressional Research SenAce I ~forn ing the legislative debate jaice 1914 0 December 2, 2021 Comparing Hemp Provisions in the 2014 and 2018 Farm Bills Changes enacted in the 2014 and 2018 farm bills removed long-standing federal restrictions on the cultivation of hemp. Although the 2018 farm bill expanded on provisions allowing for commercial hemp cultivation under federal law, some U.S. states have opted to remain under the pilot program established in the 2014 farm bill, which allows for hemp cultivation only for research purposes and only within states that allow for its cultivation under state law. Figure 1 shows the current status of hemp production by state as of December 2021, identifying states that have continued to operate under the 2014 farm bill program. Enacted Changes in the Past Farm Bills Hemp is a variety or cultivar of Cannabis sativa, the same plant as marijuana, grown for non-psychoactive purposes. Both the 2014 and the 2018 farm bills established separate statutory definitions for hemp based on the cannabis plant's delta-9 tetrahydrocannabinol (THC) concentration. Both farm bills defined hemp as cannabis with a delta-9-THC concentration of not more than 0.3% on a dry weight basis, thus distinguishing hemp from marijuana. Under federal law, marihuana (as it is spelled in the U.S. Code) is a Schedule I drug under the Controlled Substances Act (CSA, 21 U.S.C. §§802 et seq.) and is subject to regulation by the Drug Enforcement Administration (DEA). The 2018 farm bill removed hemp (as defined at 7 U.S.C. §16390) from the legal definition of marihuana (21 U.S.C. § 802(16)). This established hemp as an agricultural crop eligible for U.S. Department of Agriculture (USDA) farm programs, if it is grown under license and complies with USDA regulations. The 2014 and 2018 farm bills established very different regulatory frameworks for hemp cultivation. * The 2014 farm bill (Agricultural Act of 2014, P.L. 113- 79, §7606) established the Hemp Research Pilot Program (7 U.S.C. §5940). The pilot program allows for hemp cultivation for research purposes only (i.e., not for commercial use) by either institutions of higher education (as defined in 20 U.S.C. §1001) or state departments of agriculture. Production is subject to state/territory laws and regulations and was not legalized under federal law or in interstate commerce (e.g., crossing state borders). The program did not include cultivation by Indian tribes. * The 2018 farm bill (Agriculture Improvement Act of 2018 (P.L. 115-334, §§ 10113-10114, 12619) expanded on hemp provisions in the 2014 farm bill, establishing the Domestic Hemp Production Program, amending the Agricultural Marketing Act (AMA) of 1946 (7 U.S.C. §§16390-s). This program is administered by USDA and complies with USDA regulations promulgated in consultation with the U.S. Attorney General (86 Federal Register 5596, January 19, 2021). Under the program, USDA is responsible for evaluating and approving plans submitted by state, territory, or tribal authorities, in cases where local authorities want to have primary regulatory authority over hemp production under their jurisdiction. If a state, territory, or tribal plan is not approved by USDA, then hemp production will be subject to USDA's general license. The 2018 farm bill authorized appropriations of such sums as are necessary to carry out the program. USDA received $16.4 million in FY2020 and $16.7 million in FY2021 to implement its hemp production program. Changes enacted in the 2018 farm bill further relaxed certain federal restrictions, making hemp production eligible for federal crop insurance and USDA disaster and research programs. According to industry reports, since the 2018 farm bill was enacted, an estimated $21.9 million in federal grants has been awarded to support U.S. hemp production. The enacted changes also helped to reduce some of the legal risks associated with financing hemp production or processing by farm lenders. Figure 1. Status of State Hemp Programs, 2021 DE *I USAApproved State Plan ________ ~ UDA Producer License * Plan Under Review by USDA F 2014Pilot (2021); 218 Program (2022 Will Remain in 2014 Pilot Program Source: CRS from USDA, Status of State and Tribal Hemp Production Plans for USDA Approval (accessed December 2021). 2014 Farm Bill Pilot Program Extension The 2014 farm bill's Hemp Research Pilot Program was scheduled to be repealed by the 2018 farm bill, effective one year after the date USDA establishes a plan under the AMA (§7506(b)), or roughly October 2020. Concerns about USDA's regulatory requirements, however, resulted in some states opting out of the 2018 farm bill program for the 2020 and 2021 crop years in favor of continuing with the existing pilot program. Congress has extended the Hemp Research Pilot Program twice through appropriations actions. The first action extended the 2014 pilot program through September 30, 2021 (P.L. 116-159, Div. A, §122). The second action extended the program until January 1, 2022 (P.L. 116-260, Div. A, Title VII, §782). sreports .cong ressgov

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