In 2018, Congress opened the door for American farmers to grow hemp legally. Farmers and small-business owners across the country responded by investing in a new agricultural market. Now, federal restrictions scheduled to take effect December 11 could dramatically narrow that market, leaving businesses that followed the rules facing an uncertain future.
The new federal definition of hemp includes a limit of 0.4 milligrams of total THC per container for finished cannabinoid products. That threshold could exclude many products currently sold legally, including full-spectrum CBD oils containing naturally occurring trace amounts of THC.
For hemp farmers, the consequences extend beyond what appears on retail shelves. Cultivation decisions, equipment purchases, processing arrangements, and relationships with buyers depend on having a market for the finished product. When the legal status of those products changes, the effects can reach back through the entire supply chain.
As the owners of Moon Flower, a small, family-owned and women-owned hemp business founded right here in West Virginia, we know firsthand what is at stake. We built our business on the opportunity Congress created in 2018, investing in our farm, our products, and our community. What began as an opportunity for two sisters to build something meaningful in their home state has grown into a livelihood that supports our family, our employees, and other West Virginia businesses.
These proposed restrictions threaten not only the products we make, but the future of everything we have worked to build.
West Virginia has experience regulating hemp-derived products. The state requires permits, testing, labeling, and age restrictions for covered products, and the Department of Agriculture has conducted inspections and enforcement actions against businesses that violate those requirements.
Consumer safety matters. As business owners, we believe products should be accurately labeled, tested for contaminants, and subject to appropriate restrictions. We support responsible regulation, not the elimination of an industry that businesses like ours have worked hard to build responsibly. The question facing Congress is whether those protections require eliminating broad categories of hemp-derived products or whether a consistent federal regulatory framework can address the risks while allowing compliant businesses to operate.
Senator Shelley Moore Capito’s position on the Senate Appropriations Committee gives West Virginia a voice in the federal funding discussions taking place as the December deadline approaches. Those discussions provide an opportunity to consider the experience of states that have already established hemp regulations and the businesses operating under them.
Farmers and small-business owners need clear, durable rules when deciding where to invest. Congress should carefully consider the agricultural and economic consequences of changing the framework it established in 2018. For West Virginia families like ours, this is more than a policy debate. It is about protecting the businesses, jobs, and opportunities we have spent years building in the state we proudly call home.
