Agriculture Improvement Act of 2018

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Agriculture Improvement Act of 2018
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Long titleTo provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes.
Enacted bythe 115th United States Congress
Citations
Public law 115-334
Legislative history

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]

Contents

History

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]

Provisions

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]

Related Research Articles

<span class="mw-page-title-main">United States Department of Agriculture</span> Department of the US government

The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It 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.

<span class="mw-page-title-main">Supplemental Nutrition Assistance Program</span> United States government food assistance program

In the United States, the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, is a federal government program that provides food-purchasing assistance for low- and no-income people to help them maintain adequate nutrition and health. It is a federal aid program administered by the U.S. Department of Agriculture (USDA) under the Food and Nutrition Service (FNS), though benefits are distributed by specific departments of U.S. states.

<span class="mw-page-title-main">Hemp</span> Low-THC Cannabis plant

Hemp, or industrial hemp, is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal 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.

<span class="mw-page-title-main">Cannabidiol</span> Phytocannabinoid discovered in 1940

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 2019, clinical research on CBD included studies related to anxiety, cognition, movement disorders, and pain, but there is insufficient high-quality evidence that cannabidiol is effective for these conditions. Nevertheless, CBD is a herbal dietary supplement promoted with unproven claims of particular therapeutic effects.

<span class="mw-page-title-main">Removal of cannabis from Schedule I of the Controlled Substances Act</span> Proposed changes to the legal status of cannabis in U.S. federal law

In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use."

<span class="mw-page-title-main">Food policy</span> Area of public policy

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.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

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.

<span class="mw-page-title-main">United States farm bill</span> Primary agricultural and food policy instrument of the federal government

In the United States, the farm bill is the primary agricultural and food policy instrument of the federal government. Every five years, Congress deals with the renewal and revision of the comprehensive omnibus bill.

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<span class="mw-page-title-main">Cannabis in the United States</span> Legality, use, culture, market and production of cannabis in the United States

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.

<span class="mw-page-title-main">Food, Agriculture, Conservation, and Trade Act of 1990</span> United States federal law

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.

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References

  1. Niels Lesniewski (December 11, 2018), "Mitch McConnell Touting Victory With Hemp Legalization on Farm Bill", Roll Call Issue is becoming an early plank of the Kentucky Republican's 2020 re-election bid
  2. Juliegrace Brufke (December 12, 2018), "House passes $867 billion farm bill, sending it to Trump", The Hill
  3. "President Donald J. Trump Is Improving American Agriculture Programs", whitehouse.gov , December 20, 2018 via National Archives
  4. Snell, Kelsey; Naylor, Brian (May 18, 2018), House Farm Bill Fails As Conservatives Revolt Over Immigration, NPR , retrieved May 19, 2018
  5. "American Soybean" (PDF). American Soybean. Vol. 5, no. 2. American Soybean Association. Fall 2017. pp. 1–26. p. 8
  6. "Congress fails to pass Farm Bill by Sept. 30, 2018", American Agriculturalist, October 1, 2018, retrieved November 20, 2018
  7. Ronnfeldt, Cody (November 1, 2018), Deadline fast approaching for passage of new Farm Bill, WJAG, retrieved November 20, 2018
  8. McCrimmon, Ryan (September 27, 2018), "Farm bill to get lame-duck treatment", Politico , retrieved November 20, 2018
  9. Evich, Helena Bottemiller; Boudreau, Catherine (October 8, 2018), "Cotton growers vs. urban farmers: Bitter partisan fight threatens farm bill", Politico, retrieved November 20, 2018
  10. 1 2 Teaganne Finn; Erik Wasson; Daniel Flatley (November 29, 2018), Lawmakers Reach Farm Bill Deal by Dumping GOP Food-Stamp Rules, Bloomberg, 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.
  11. Helena Bottemiller Evich; Catherine Boudreau (December 12, 2018), "Farm bill headed to Trump after landslide House approval", Politico
  12. 1 2 3 Aussenberg, Randy Alison; Billings, Kara Clifford (January 30, 2019), 2018 Farm Bill Primer: SNAP and Nutrition Title Programs, Congressional Research Service
  13. Stein, Jeff (December 12, 2018). "Congress just passed an $867 billion farm bill. Here's what's in it". Washington Post.
  14. Adam Drury (November 30, 2018), "Industrial Hemp is Now Included in the 2018 Farm Bill", High Times , 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.
  15. "Reconciled Farm Bill Includes Provisions Lifting Federal Hemp Ban", Legislative blog, NORML, November 29, 2018, 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.
  16. Ellyn Ferguson (December 5, 2018), "Final Farm Bill Would Make Hemp Legal, Other Details Revealed", Roll Call , 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.
  17. 1 2 Dennis Romero (December 16, 2018), Hemp industry expected to blossom under new Farm Bill, NBC
  18. Jeremy Nobile (December 16, 2018), "Federal legalization could pave way for Ohio hemp market, but uncertainties remain", Crain's Cleveland Business
  19. Melissa Leon (November 29, 2018), "CBD is about to revolutionize the veteran community and PTSD, taking America by storm", American Military News
  20. Hemp and the 2018 Farm Bill, August 20, 2019
  21. Hemp and the 2018 Farm Bill, August 20, 2019
  22. Rob Mentzer (January 4, 2022). "A loophole in federal marijuana law has led to the creation of new THC product". NPR.
  23. President Trump signs the Farm Bill making dog and cat meat illegal in the United States, WRDW, The Associated Press, December 21, 2018, retrieved December 27, 2018

Further reading