Kentucky Senator Rand Paul Introduces Bill to Raise Hemp’s THC Limit
Senator Rand Paul, a Republican from Kentucky, has introduced a bill aimed at redefining hemp to have a THC limit of 1% instead of the current 0.3%. The Hemp Economic Mobilization Plan (HEMP) Act, a five-page bill, seeks to ease “unnecessary constraints” on the hemp industry and increase transparency by establishing a margin of error in hemp testing.
The bill would amend the Agricultural Marketing Act of 1946 to redefine hemp as having a THC content of 1% or less on a dry-weight basis. It would also provide a 0.075% delta-9 THC cushion for post-decarboxylation testing measurement uncertainties, which would benefit industrial hemp transporters during shipments.
Many in the hemp industry support increasing the THC limit, arguing that the current 0.3% limit is arbitrary and lacks scientific backing. The 0.3% limit was established in 1976 by Canadian horticulturalists Ernest Small and Arthur Cronquist in an article published in the journal Taxon.
The HEMP Act would also require testing for hemp-derived products, rather than just the hemp flower or plant itself. Currently, the U.S. Department of Agriculture (USDA) requires hemp to be lab tested within a 30-day window before harvest time to determine whether it meets the 0.3% THC threshold.
Senator Paul’s bill aims to prevent federally legal hemp from being seized by government agencies during transport by requiring one of two documents with shipments: a copy of a valid license or other required authorization from a state department of agriculture or tribal government; or a copy of a certificate from a laboratory demonstrating that the hemp contains a delta-9 THC concentration of not more than 1% on a dry-weight basis.
The bill comes as the overall value of industrial hemp in the U.S. has declined, with a total value of $291 million in 2023, down 65% from 2021. Kentucky farmers harvested 1,210 acres of industrial hemp in 2023, a 19% decrease from 2021.
Senator Paul’s legislation aims to help the hemp industry reach its full economic potential and bring transparency to government regulations.
