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December 12, 2022

Farm Bill Primer: Selected Hemp Industry Issues

Hemp is a variety or cultivar of Cannabis sativa-the same
plant as marijuana-grown to produce nonpsychoactive
food, beverage, consumer, and industrial products. Hemp is
defined in statute as the Cannabis sativa plant and any part
of that plant, including its seeds, cannabinoids, and isomers,
with a delta-9 tetrahydrocannabinol (THC) concentration of
not more than 0.3 percent on a dry weight basis (7 U.S.C.
§1639o). The 2018 farm bill (P.L. 115-334; Agriculture
Improvement Act of 2018) legalized hemp by removing
hemp (as defined) from the definition of marijuana in the
Controlled Substances Act (CSA, 21 U.S.C. §§802 et seq.).
The 2018 farm bill further directed the U.S. Department of
Agriculture (USDA) to create a framework to regulate
hemp cultivation under federal law and facilitate
commercial cultivation, processing, marketing, and sale of
hemp and hemp-derived products. USDA published its final
hemp regulations in 2021. Other 2018 farm bill provisions
made hemp producers eligible for federal crop insurance
and agricultural research programs. Despite these policy
changes in the 2018 farm bill, Congress may consider
further amendments as it starts to debate the next farm bill.
Overview of U.S. H emp Cultivation
I).  a               .  -
USDA reports that in 2021-the first year official USDA
data has been collected-U.S. hemp growers planted
54,200 acres of hemp while harvesting about 33,500 acres,
accounting for a small share of total U.S. harvested
cropland acres (<0.1%). The difference between planted
and harvested hemp acres may reflect the difference
between legal hemp that falls within legal THC limits and
noncompliant (or hot) hemp that may not enter allowable
U.S. marketing channels. USDA estimates about 20% of
hemp grown during the crop year will exceed legal THC
limits, demonstrating the inherent risks to farmers of
growing hemp within USDA's regulatory framework.
Currently hemp is grown in all U.S. states under a USDA-
approved state plan or a USDA general license. The leading
hemp producing states with more than 1,000 harvested
acres (2021) were Montana (4,500 acres), Colorado (3,100),
Minnesota (2,300), California (2,250), Utah (2,150), North
Carolina/Oregon (1,850 each), South Dakota (1,700),
Kentucky (1,500), Missouri (1,150), Vermont (1,080), and
Texas (1,070) (Figure 1). Production by state tends to be
highly variable year-to-year. The 2021 farm-level value of
hemp produced was $824 million across an estimated
13,000 grower licenses. This total spans the leading hemp
markets based on the part of the plant used: fiber, grain,
seed, and flower. Some suggest there may be a separate
market category for the plant's extracted compounds that
may be derived either from the plant's flowers and trim or
from its total biomass (including sticks and stems). For
more background on the leading markets for hemp, see

CRS In Focus IF11860, Production, Marketing, and
Regulation of Hemp Products.
Figure I. HemD Acreage by County. 2020

Source: Graphic is a reprint with permission from the American
Farm Bureau Federation, which excludes data for Hawaii and Alaska,
although USDA reports production in both states.
Table 1 shows USDA reported data for 2021 on the farm-
level value, volume, and harvested acres by the leading
hemp markets (i.e., fiber, grain, seed, flower) based on
growing system (i.e., whether grown in the open field
outdoors or under protection, such as in a greenhouse or
indoor facility). As shown, production of floral hemp grown
in the open was the dominant type of hemp grown in 2021,
as measured by total value and acreage. By comparison, the
value and acreage dedicated to hemp fiber, grain, and seed
production was lower. Floral hemp tends to command
higher market prices compared with other marketable uses
for hemp.
Table 1. Farm-Level Value of U.S. Hemp Production
by Production Type and by Market Segment (2021)
Market     Prod.
Production     Value    (million          Avg.
Type       $million   pounds)  Acres   Yield
Floral (open)      623.0     19.7  16,000   1,235
Grain (open)         6.0      4.4   8,255    530
Fiber (open)       41.4      33.2  12,700   2,620
Seed (open)         41.5      1.9   3,515    530
All Types          112.0      NA      NA      NA
(protection)
Source: USDA, National Hemp Report, 2022. Reported acres are not
additive given multi-crop production in some cases.
Addressing H emp in the Next Farm             Bill
Industry interests related to hemp cover many national and
regional groups with different policy goals and priorities.
These priorities often are tied to the primary products they
produce and/or represent or may be based on the part of the
hemp plant used (e.g., whether hemp is grown for fiber for
industrial uses or for use in seed-derived food ingredients

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