The office of a Republican congressman who filed a new bipartisan bill to keep certain hemp-derived THC products federally legal this week sent a press release saying the legislation is “backed by the White House”—but an administration official deflected Marijuana Moment’s question about the matter and other sources say President Donald Trump’s team has problems with specific provisions of the proposal.
Rep. Andy Barr’s (R-KY) press release about the measure—which would put in place a number of regulations for manufacturing, labeling, sales and taxation of hemp-derived products, including an age limit of 21—contains the subheadline, “Barr’s Bipartisan Bill is Backed by the White House and the lead Democrat on the House Agriculture Committee,” referring to Rep. Angie Craig (D-MN), who is cosponsoring it with him.
But while the Trump administration and the president himself have repeatedly called on Congress to pause or reverse the impending federal recriminalization of hemp THC products that is set to take effect later this year, the White House has not specifically endorsed the new 60-page bill.
A White House official, when asked by Marijuana Moment on Wednesday about whether the administration supports the legislation, replied more generally, saying in an email that “the only definitive positions that the White House has taken on this issue are in the [sic] President Trump’s December EO and April Truth post,” referring to a marijuana rescheduling executive order that also addressed hemp issues.
When pressed about whether the administration plans to endorse the Barr bill specifically, the official did not reply.
Two sources familiar with negotiations around the legislation told Marijuana Moment on Thursday that the White House takes particular issue with provisions of the legislation that include inhalable forms of cannabis in the definition of legal hemp-derived cannabinoid products.
Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill that Trump signed during his first term in office. But late last year, the president signed new legislation containing provisions that will redefine hemp to make it so only products with 0.4 milligrams of total THC per container will remain legal after November 12.
When asked about the administration’s unclear stance on the legislation despite the claim in the congressman’s press release, his office pointed Marijuana Moment to a previously released statement from the White House Office of Management and Budget and a letter that aides to the president sent to Barr earlier this year.
In April, White House officials provided Barr with feedback on draft legislation to create a regulatory framework for hemp, writing in a letter that they “appreciate your work to advance the policy of” the marijuana executive order Trump signed in December that included provisions seeking to protect Americans’ access to CBD products.
“We are transmitting for your consideration draft legislative text and comments to address the statutory definition of final hemp-derived cannabinoid products in order to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress’s intent to restrict the sale of products that pose serious health risks,” Vince Haley, director of the White House Domestic Policy Council and James Braid, assistant to the president for legislative affairs, wrote to the congressman. “We are available for discussion and further technical assistance.”
Also in April, the president himself urged congressional lawmakers to again redefine hemp to avoid recriminalization of full-spectrum CBD products.
“I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks,” Trump said in a Truth Social post.
“We must get this done RIGHT and FAST, especially for those who saw that CBD helps them,” he said. “Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for.”
Industry advocates say that the law as enacted last year not only threatens to prohibit intoxicating and synthetic cannabinoid products but also stands to remove popular full-spectrum CBD products that many Americans use therapeutically from the market.
“ONE in FIVE adults used it in the past year, and many say it improved their chronic pain enormously,” the president said in his social media post, adding that hemp-derived CBD “has made a HUGE difference for so many people.”
He also referenced a new initiative the administration launched in April to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients. The program being implemented by the Centers for Medicare & Medicaid Services (CMS) focuses largely on CBD but also allows products to have up to 3 milligrams of total THC per serving. A federal judge granted the government’s motion to dismiss marijuana legalization opponents’ lawsuit challenging the initiative, but that is being appealed.
“In December, I signed a very important Executive Order calling for Research and Innovation for Hemp-derived CBD,” Trump said. “Our wonderful Dr. Mehmet Oz moved fast to follow the directive in the Executive Order, and launched a model for some Seniors earlier this month. But more must be done!”
“Please get it done, and SOON,” the president said in reference to a congressional fix for the broad recriminalization set to take effect in November. “Thank you for your attention to this matter!”
The cannabis rescheduling executive order that Trump signed in December and that the White House official referenced in the email to Marijuana Moment this week said:
“The Assistant to the President and Deputy Chief of Staff for Legislative, Political, and Public Affairs shall work with the Congress to update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress’s intent to restrict the sale of products that pose serious health risks. This will include consultation with appropriate executive departments and agencies and authorities to develop a regulatory framework for hemp-derived cannabinoid products, including development of guidance on an upper limit on milligrams of THC per serving with considerations on per container limits and CBD to THC ratio requirements.”
More recently, in a letter to House Speaker Mike Johnson (R-LA) last month, OMB Director Russell Vought said the Trump administration wants lawmakers to “ensure the fair treatment of hemp products”—specifically citing an earlier amendment that Barr filed to keep many hemp products legal while adding regulations and taxes.
While that amendment also included inhalables, several of its provisions are significantly different from the new bill that Barr filed this week and that the congressman’s office said the White House supports.
The subheadline about White House support for the bill was included in Barr’s press release as emailed to reporters, but does not appear in the version that is on his congressional website.
It’s ultimately not clear how far Trump wants to scale back the scope of the scheduled federal restrictions on hemp products and what kinds of revised THC rules and limitations he would prefer to sign into law.
The administration “welcomes the opportunity to work with the Congress to, at a minimum, update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products,” OMB separately said last month, “while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”
Meanwhile, hemp policy observers expect to see a Senate companion bill to Barr’s proposal filed as soon as next week, likely from Sens. Tim Sheehy (R-MT) and Amy Klobuchar (D-MN). It is expected that the legislation will not be identical to the House version and could potentially contain changes intended to address the White House’s concerns.
Sheehy recently cited hemp legislation as an area where Republicans and Democrats can work together in an otherwise “hyperpartisan time.”
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The Wine & Spirits Wholesalers of America (WSWA), an alcohol industry trade association issued praised for Barr’s hemp bill this week, but said the measure’s tax provisions require “continued discussion.”
Barr spoke at a meeting with hemp industry operators earlier this year and previewed the legislation—saying it faces opposition from a coalition of strange bedfellows including sectors of the alcohol industry, marijuana businesses and cannabis legalization opponents.
Sen. Ted Cruz (R-TX) predicted that it will be an “uphill path” to avert the scheduled federal recriminalization of hemp THC products this year.
The National Restaurant Association recently sent a letter urging congressional leaders to delay the federal recriminalization of hemp THC beverages and replace it with a regulatory framework that “ensures consumer safety while meeting growing market demand” for the products as an alternative to alcohol.
Major retailer Target, meanwhile, recently moved to expand its sales of hemp THC drinks into more states.
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