The 2018 U.S. Farm Bill ushered in a new era for industrial hemp, removing it from the Controlled Substances Act (CSA) and classifying it as an agricultural crop. This legislation established the now-famous 0.3% THC threshold to differentiate hemp from marijuana. However, just as the hemp industry was poised for growth, expanding into markets like animal feed, it faces another significant regulatory hurdle: the FDA.
On August 20, 2024, the Association of American Feed Control Officials (AAFCO) approved an FDA regulation setting a maximum THC concentration of 2 ppm (.0002%) in hemp meal fed to animals. This arbitrary limit lacks any scientific justification and further fuels concerns about the FDA’s history of overly strict regulation when it comes to hemp.
The FDA’s Unrelenting Assault on Hemp
Since its inception in 1906, the FDA has played a crucial role in safeguarding public health. However, its relationship with hemp is marked by misinformation and stigma. Even today, the FDA has failed to provide peer-reviewed scientific evidence to support its claim that hemp or its cannabinoids, including THC, pose a threat to human or animal health. This lack of transparency fuels ongoing skepticism, especially considering the FDA’s history of regulating hemp with what many perceive as an overly heavy hand.
The FDA’s decision to impose the 2 ppm THC limit on hemp meal for animal feed appears to reflect a broader regulatory approach driven more by fear than facts. The agency’s reluctance to embrace modern scientific findings on the safety and benefits of hemp perpetuates outdated notions of “Reefer Madness” — the anti-cannabis propaganda film of the 1930s.
A Timeline of Regulatory Hostility Toward Hemp
To understand the current regulatory quagmire, we need to examine the historical relationship between hemp and U.S. federal agencies:
*
2800 BC:
Cannabis is listed in Emperor Shen Nung’s pharmacopeia in China.*
1850-1937:
Over 2,000 cannabis medicines are produced by major manufacturers like Parke-Davis and Eli Lilly. Cannabis is widely recognized as a medicinal plant.*
1860:
The rise of the syringe and patentable synthetic drugs in the pharmaceutical industry significantly impacts medicinal cannabis and other natural remedies. Cannabis begins to transition from a commonly used medicinal plant to being strategically portrayed as a dangerous drug, leading to its decline for much of the 20th century.*
1906:
The Food and Drug Administration (FDA) is established.*
1930:
The Federal Bureau of Narcotics is established with Harry Anslinger as Commissioner, solidifying his role as the creator of the United States’ “War on Drugs.”*
1936:
The film Reefer Madness spreads anti-marijuana propaganda, reinforcing false narratives about the dangers of cannabis.*
1937:
The Marihuana Tax Act, heavily influenced by Federal Bureau of Narcotics Commissioner Harry Anslinger, effectively makes cannabis illegal, despite objections from medical professionals.*
1942:
Cannabis is removed from the US Pharmacopoeia by Harry J. Anslinger, Commissioner of the Federal Bureau of Narcotics.*
1958:
The early GRAS (Generally Recognized as Safe) program begins, and all American oil seed crops are granted “grandfather” status and certified, except hemp, which, at that time, was considered an “illegal crop.” This resulted in the arduous regulatory re-certification process that hemp is currently negotiating.*
1964:
The cannabinoid THC is discovered by Israeli researchers Dr. Raphael Mechoulam and Fr. Yechiel Goaoni.*
1970:
The Controlled Substances Act (CSA) is enacted, criminalizing cannabis and halting most research into its medical benefits.*
1976:
Ernest Small and his colleague, Arthur Cronquist, publish “A Practical and Natural Taxonomy for Cannabis,” establishing a dividing line between hemp and marijuana at 0.3% THC to create a “biological classification.”*
1988:
Scientists discover the first cannabinoid receptor, CB1, in the brain.*
1989-90:
Dr. Mechoulam’s team discovers the endocannabinoid system that regulates mood, pain sensation, appetite, immune response, memory, and sleep.*
1992:
Dr. Mechoulam’s team discovers the first endocannabinoid.*
1996:
Ernest Small publishes an article in the Agronomy journal, describing the 0.3% THC level as an “arbitrary threshold at which cannabinoid content is used to distinguish strains of hemp from marijuana.”*
2018:
The U.S. Farm Bill legalizes industrial hemp but establishes the arbitrary 0.3% or 3,000 ppm THC threshold — a standard that Ernest Small, who coined it in 1976, never intended as a legal benchmark.*
2024:
The FDA imposes the .0002% or 2 ppm THC limit on hemp meal for animal feed, despite a lack of peer-reviewed studies demonstrating harm at higher levels.Double Standards and Inconsistencies
What is particularly striking about the FDA’s 2 ppm decision is its inconsistency compared to other substances it regulates. The agency allows far higher levels of potentially harmful chemicals, such as glyphosate (Roundup), mercury, lead, arsenic, and rodent feces in food products than it does THC in hemp meal fed to humans and animals. For context, 2 ppm is equivalent to just 2 inches over a 15.78-mile distance—a truly minuscule amount.
Meanwhile, the FDA continues to approve drugs with severe side effects, many of which are advertised on television with warnings that include suicidal thoughts, liver toxicity, severe birth defects, heart damage, kidney damage, nerve damage, stroke, and the risk of death. This double standard bias presents a glaring contradiction in regulatory oversight concerning cannabinoids in hemp meal fed to animals and humans, creating significant roadblocks for America’s emerging industrial hemp industry.
The Path Forward for Hemp
The hemp industry faces an ongoing challenge: regulatory authorities that have yet to fully embrace the modern science supporting the plant’s safety and health benefits. Peer-reviewed studies have shown that cannabinoids can help relieve pain and suffering without the side effects of most FDA-approved pharmaceuticals. In fact, while no deaths have been attributed to cannabinoids, tobacco—which remains legal and largely unregulated by the FDA—causes 480,000 deaths annually in the U.S.
Conclusion
The FDA’s recent 2 ppm THC decision may be the latest in a long line of unnecessary obstacles facing the hemp industry, but it doesn’t have to be the final word. By advocating for evidence-based regulations and challenging outdated perceptions, the hemp industry can overcome these hurdles and once again become a major economic force in American agriculture.
As policymakers continue to shape the future of this industry, it’s critical that science—not stigma—guides the way forward. It’s time for the FDA to adopt policies that reflect the current scientific understanding of hemp and its derivatives. Instead of perpetuating outdated myths, the agency should engage with industry leaders, scientists, and farmers to create a regulatory framework that promotes safety without stifling innovation and economic growth.
