Government is open, but the hemp industry faces a shutdown

Congress is dysfunctional, but the nanny state is alive and well.

We found that out as lawmakers pushed through legislation to end the longest government shutdown in history. One of the bills contained an amendment that will make hemp derived products illegal in the U.S.

That means the federal government is banning those cans of seltzer you might have seen in the grocery store that contain 4 milligrams of THC, the chemical in hemp/marijuana that produces the high. Little did you know you were looking at a scourge so dangerous it must be banned and criminalized.

Maybe you even drank some. Shame! Shame!

In 2024, Iowa state lawmakers approved regulations for products containing hemp-derived THC. They can contain no more than 4 mg per serving and it is illegal for anyone under 21 to buy or possess those products.

That seemed reasonable. But then Congress said, “Hold my seltzer.”

Congressional action makes any product with more than 0.4% THC illegal, which critics contend wipes out the entire hemp industry. Opponents were blindsided by the 11th hour addition. It closes a regulatory gap in the 2018 Farm Bill that allowed the production of “intoxicating” hemp products.

It’s “Reefer Madness,” but with no reefer.

Why do I care? Because this is the worst sort of lawmaking.

An idea that could not pass as stand-alone legislation and had been removed from previous budget bills was slapped onto must-pass legislation. There were no hearings, no committee meetings, no delving into unintended consequences and no time to react.

This white-collar crime was orchestrated by our favorite stick in the mud, Sen. Mitch McConnell of Kentucky, and his Republican pals. He’s retiring, so what does he care?

The other senator from Kentucky, Rand Paul, tried to remove McConnell’s amendment. Did you know Kentucky grows a lot of hemp? But Paul was shot down in a bipartisan vote. So there’s blame to go around.

“The bill, as it now stands, overrides the regulatory frameworks of several states, cancels the collective decisions of hemp consumers and destroys the livelihoods of hemp farmers,” Paul said on the Senate floor before the vote. “And it couldn’t come at a worse time for America’s farmers.”

So, prohibition it is. It always works well. Adults will happily comply with congressional supervision.

Medicaid health coverage cuts are on the way. Subsidies to help Americans afford ACA insurance will expire, and millions of Americans will lose food assistance thanks to GOP cuts. The so-called Environmental Protection Agency is selling our waterways to the highest bidder, and we’ve got a guy running Health and Human Services who opposes vaccines.

But, hey, without access to fizzy water with THC, we’re all as safe as kittens.

Politicians just can’t quit the war on drugs. They must be tough on crime. And, as always, we need to “protect the children.” As if booze isn’t addictive and enticing to kids.

You can fill your leg with Bourbon every day, if you want. But you cannot have a seltzer that might leave you mildly relaxed, or so I’ve heard.

The market for non-alcoholic adult options is booming, including THC products.

In 2024, according to reporting by The Gazette’s Tom Barton, 800,000 Iowans are regular consumable hemp consumers. Around 1,100 retailers are licensed to sell the products and generate $480 million in sales.

Nationally, the hemp industry is estimated to be worth $30 billion.

Prohibition will harm business owners and probably lead to job losses. None of them had a say in this week’s shutdown shenanigans.

“Congress has once again mistaken prohibition for prudence. In one night, the Senate passed legislation to reopen the government and shut down a thriving legal industry,” wrote Jeffrey Singer, a senior fellow at the Cato Institute.

“That’s not public health; it’s paternalism dressed up as policy,” Singer wrote.

Some distilleries, brewers and winemakers lobbied for the change, hoping to kill off a competing product. The legal marijuana industry also wanted prohibition so it can dominate the market in states that allow recreational use.

The faint silver lining is the ban won’t take effect for a year. That provides Congress with an ample opportunity to rethink the issue. I’m not optimistic.

Ironically, all this nannying makes me want to pick up a few cans of this terrifying elixir. As a very serious journalist, I must take that risk.

(319) 398-8262; todd.dorman@thegazette.com