Long title | To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes. |
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Enacted by | the 115th United States Congress |
Citations | |
Public law | 115-334 |
Legislative history | |
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The 2018 farm bill or Agriculture Improvement Act of 2018 is an enacted United States farm bill that reauthorized $867 billion for many expenditures approved in the prior farm bill (the Agricultural Act of 2014). The bill was passed by the Senate and House on December 11 and 12, 2018, respectively. [1] [2] On December 20, 2018, it was signed into law by President Donald Trump. [3]
On May 18, 2018, the bill failed in the House of Representatives by a vote of 198–213. All Democrats and 30 Republicans voted against the measure. Republican opposition came largely from members of the conservative Freedom Caucus who believed that some of the bill's provisions would liberalize immigration policy. One of the caucus members, Congressman Jim Jordan, said, "My main focus was making sure we do immigration policy right." Democratic opposition was largely due to the proposed changes to the Supplemental Nutrition Assistance Program (SNAP) that would impose work requirements for recipients. [4] In the runup to introduction in Congress, the American Soybean Association had opposed any cuts versus the 2014 version. [5]
On September 30, some provisions of the 2014 farm bill expired without a replacement [6] while others were funded through end of calendar year 2018. [7] Sticking points were said to be SNAP work requirements, commodity and energy policy, funding, and cotton and other crop subsidies. [8] [9] In late November, a compromise had been reached, removing SNAP work requirements, and the legislation was voted on and passed by the end of the year. [10]
The bill "largely continues current farm and nutrition policy" and does not include new requirements for SNAP (food stamps) recipients, but did increase funding for the SNAP Employment and Training Program. [11] [12] The bill also reauthorized Food Distribution Program on Indian Reservations, The Emergency Food Assistance Program (TEFAP), Commodity Supplemental Food Program, and other nutrition programs. [12] The 2018 Farm Bill also increased funding for TEFAP and the Food Insecurity Nutrition Incentive grant program. [12] Some previously temporary programs were made permanent in the 2018 farm bill including promotional funds for farmers markets, organic farming research funds, funding of organizing and education of future farmers, and funding for veteran and minority farmers. [13]
Incorporating some of the text of the Hemp Farming Act of 2018, the farm bill descheduled some cannabis products from the Controlled Substances Act for the first time. [10] [14] [15] [16] One estimate put the U.S. CBD market at $2.3 billion to $23 billion by the 2020s, [17] [18] enabled by the 2018 farm bill. U.S. Senator Mitch McConnell was such a proponent of the hemp provision that American Military News reported that McConnell coined the Twitter hashtag #HempFarmBill. [19]
The 2018 Farm Bill establishes a new federal hemp regulatory system under the US Department of Agriculture which aims to facilitate the commercial cultivation, processing, and marketing of hemp. [20] The 2018 Farm Bill removes hemp and hemp seeds from the statutory definition of marijuana and the DEA schedule of Controlled Substances. It even makes hemp an eligible crop under the federal crop insurance program. The 2018 Farm Bill also allows the transfer of hemp and hemp-derived products across state lines provided the hemp was lawfully produced under a State or Indian Tribal plan or under a license issued under the USDA plan. [21] The hemp legalization is restricted to plants with low levels of delta-9-THC. It may have inadvertently legalized delta-8-THC, which is also psychoactive and has since become more popular recreationally across the U.S. [22]
Additional revenue to farmers and processors is expected from textiles and other hemp products. [17] The Dog and Cat Meat Trade Prohibition Act of 2018 was passed as part of the bill. [23]
The United States Department of Agriculture (USDA) is an executive department of the United States federal government that aims to meet the needs of commercial farming and livestock food production, promotes agricultural trade and production, works to assure food safety, protects natural resources, fosters rural communities and works to end hunger in the United States and internationally. It is headed by the secretary of agriculture, who reports directly to the president of the United States and is a member of the president's Cabinet. The current secretary is Tom Vilsack, who has served since February 24, 2021.
Hemp, or industrial hemp, is a plant in the botanical class of Cannabis sativa cultivars grown specifically for industrial and consumable use. It can be used to make a wide range of products. Along with bamboo, hemp is among the fastest growing plants on Earth. It was also one of the first plants to be spun into usable fiber 50,000 years ago. It can be refined into a variety of commercial items, including paper, rope, textiles, clothing, biodegradable plastics, paint, insulation, biofuel, food, and animal feed.
Cannabidiol (CBD) is a phytocannabinoid discovered in 1940. It is one of 113 identified cannabinoids in cannabis plants, along with tetrahydrocannabinol (THC), and accounts for up to 40% of the plant's extract. As of 2022, clinical research on CBD included studies related to the treatment of anxiety, addiction, psychosis, movement disorders, and pain, but there is insufficient high-quality evidence that cannabidiol is effective for these conditions. CBD is also sold as a herbal dietary supplement promoted with unproven claims of particular therapeutic effects.
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act, the category reserved for drugs that have "no currently accepted medical use", is a proposed legal and administrative change in cannabis-related law at the federal level. After being proposed repeatedly since 1972, in 2024, the U.S. Department of Justice announced it was initiating rulemaking to reschedule cannabis to Schedule III of the Controlled Substances Act.
Food policy is the area of public policy concerning how food is produced, processed, distributed, purchased, or provided. Food policies are designed to influence the operation of the food and agriculture system balanced with ensuring human health needs. This often includes decision-making around production and processing techniques, marketing, availability, utilization, and consumption of food, in the interest of meeting or furthering social objectives. Food policy can be promulgated on any level, from local to global, and by a government agency, business, or organization. Food policymakers engage in activities such as regulation of food-related industries, establishing eligibility standards for food assistance programs for the poor, ensuring safety of the food supply, food labeling, and even the qualifications of a product to be considered organic.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
In the United States, the farm bill is comprehensive omnibus bill that is the primary agricultural and food policy instrument of the federal government. Congress typically passes a new farm bill every five to six years.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
The Industrial Hemp Farming Act of 2009, introduced during the 111th United States Congress by House Republican Ron Paul of Texas) and House Democrat Barney Frank of Massachusetts) on April 2, 2009, sought to clarify the differences between marijuana and industrial hemp as well as repeal federal laws that prohibit cultivation of industrial, but only for research facilities of higher education from conducting research. Industrial hemp is the non-psychoactive, low-THC, oil-seed and fibers varieties of, predominantly, the cannabis sativa plant. Hemp is a sustainable resource that can be used to create thousands of different products including fuel, fabrics, paper, household products, and food and has been used for hundreds of centuries by civilizations around the world. If H.R.1866 passes American farmers will be permitted to compete in global hemp markets. On March 10, 2009, both Paul and Frank wrote a letter to their Congressional colleagues urging them to support the legislation. This bill was previously introduced in 2005 under the title of Industrial Hemp Farming Act of 2005.
The Food, Agriculture, Conservation, and Trade (FACT) Act of 1990 — P.L. 101-624 was a 5-year omnibus farm bill that passed Congress and was signed into law.
James Richardson Comer Jr. is an American politician from the Commonwealth of Kentucky who represents the state's 1st congressional district in the United States House of Representatives. A member of the Republican Party, he has served in the Congress of the United States of America since 2016, during the 114th United States Congress. He previously served in the Kentucky House of Representatives and also served as the Agriculture Commissioner of Kentucky.
Kentucky was the greatest producer of hemp in the United States during the 19th and 20th centuries, when it was the source of three fourths of U.S. hemp fiber. Production started to decline after World War I due to the rise of tobacco as the cash crop in Kentucky and the foreign competition of hemp fibers and finished products. In 1970, federal policies virtually banned the production of industrial hemp during the war on drugs saying all Cannabis sativa is a Schedule I controlled substance. Federal law under the Agricultural Act of 2014 allowed research back into hemp. Kentucky began production again with 33 acres in 2014. As of the 2016 harvest season, only two U.S. states other than Kentucky had over 100 acres (40 ha) in hemp production: Colorado and Tennessee. The first 500-acre commercial crop was planted in Harrison County in 2017, and research permits were issued for over 12,000 acres (4,900 ha) that year. The 2016 documentary Harvesting Liberty concerns the 21st century Kentucky hemp industry.
Cannabis in Italy is currently legal for medical and industrial uses, although it is strictly regulated, while it is decriminalized for recreational uses. In particular, the possession of small amounts of marijuana for personal use is a civil infraction. The possible sanctions for possession vary from the issuing of a diffida to first offenders, which is an injunction not to use the drug again; to the temporary suspension of certain personal documents for repeat offenders. Conversely, the unauthorized sale of cannabis-related products is illegal and punishable with imprisonment, as is the unlicensed cultivation of cannabis, although recent court cases have effectively established the legality of cultivating small amounts of cannabis for exclusively personal use. The licensed cultivation of cannabis for medical and industrial purposes requires the use of certified seeds; however, there is no need for authorization to plant certified seeds with minimal levels of psychoactive compounds.
The Donald Trump administration took positions against marijuana and against the easing of laws regarding marijuana. Although Trump indicated during his 2016 presidential campaign that he favored leaving the issue of legalization of marijuana to the states, his administration subsequently upheld the federal prohibition of cannabis, and Trump's 2021 fiscal budget proposal included removing protections for state medical marijuana laws.
Hemp beer is a form of beer infused with elements of the cannabis plant. Hemp beer is not brewed from hemp directly, but hemp products such as seeds are a later flavoring addition.
The Hemp Farming Act of 2018 was a proposed law to remove hemp from Schedule I controlled substances and making it an ordinary agricultural commodity. Its provisions were incorporated in the 2018 United States farm bill that became law on December 20, 2018.
Hemp in the United States is a legal crop. It was legal in the 18th and 19th centuries, then production was effectively banned in the mid-20th century, and it returned as a legal crop in the 21st century. By 2019, the United States had become the world's third largest producer of hemp, behind China and Canada.
Trump administration farmer bailouts are a series of United States bailout programs introduced during the presidency of Donald Trump as a consequence of his "America First" economic policy to help US farmers suffering due to the US-China trade war and trade disputes with European Union, Japan, Canada, Mexico, and others. China and respectively European reconcilable tariffs imposed on peanut butter, soybeans, orange juice, and other agriculture products had hit hard, especially swing states, such as Iowa, Ohio, and Wisconsin.
The Consolidated Appropriations Act, 2021 is a $2.3 trillion spending bill that combines $900 billion in stimulus relief for the COVID-19 pandemic in the United States with a $1.4 trillion omnibus spending bill for the 2021 federal fiscal year and prevents a government shutdown. The bill is one of the largest spending measures ever enacted, surpassing the $2.2 trillion CARES Act, enacted in March 2020. The legislation is the first bill to address the pandemic since April 2020. According to the Senate Historical Office, at 5,593 pages, the legislation is the longest bill ever passed by Congress.
The bill includes a provision that would make hemp a legal agricultural commodity after Senate Majority Leader Mitch McConnell of Kentucky championed the proposal, even joining the farm bill conference committee to ensure it would be incorporated. Among other changes to existing law, hemp will be removed from the federal list of controlled substances and hemp farmers will be able to apply for crop insurance.
This year's Farm Bill, however, goes much further, changing federal law on industrial and commercial hemp and, remarkably, introducing the first-ever changes to the Controlled Substances Act of 1970.
The [bill] for the first time amends the federal Controlled Substances Act of 1970 so that industrial hemp plants containing no more than 0.3 percent THC are no longer classified as a schedule I controlled substance. (See page 1182, Section 12608: 'Conforming changes to controlled substances act.') Certain cannabinoid compounds extracted from the hemp plant would also be exempt from the CSA.
The proposed compromise bill also would make agricultural production of hemp legal in the United States by removing its designation as a drug akin to marijuana under the Controlled Substances Act.