U.S. Senate leaders have included provisions to delay the planned federal recriminalization of hemp THC products in a key new spending bill.
Industry advocates believe the move will give them more time to convince Congress to enact comprehensive regulations to effectively regulate, rather than prohibit, the 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 President Donald 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.
On Sunday, leaders of the Senate Appropriations Committee released the text of a bill to extend funding for federal agencies through December 11, past the end of the current fiscal year on September 30.
Included in the legislation are provisions that will also delay the planned prohibition on most hemp products until December 11—although there is a carve-out that will allow the immediately recriminalization on November 12 of synthetic cannabinoids “that are not capable of being naturally produced by a Cannabis sativa L. plant.”
Last month, the House of Representatives passed its own version of the continuing resolution to keep federal agencies funded, but it did not have any provisions to alter the planned hemp product ban. As such, if the Senate passes its new provision it would then still need approval by the other chamber before being sent to the president.
“As Mark Twain might have said, ‘The reports of hemp’s death have been greatly exaggerated.’ Passage of the continuing resolution (CR) in its current form would be a landmark victory for the hemp industry—our biggest win since the 2018 Farm Bill legalized hemp,” Jonathan Miller, general counsel for the U.S. Hemp Roundtable, said in a press release.
“We are deeply grateful to congressional leaders of both parties, as well as to the president for his strong support for our farmers and businesses,” he said. “But our work is not done—we will be deeply engaged in ensuring that the current language is retained through the Senate and House CR votes, and then we will be working toward a more comprehensive fix when we reach the next government funding deadline in December.”
Meanwhile, a number of lawmakers from both chambers and both parties have filed or are circulating a growing number of bills to prevent the scheduled federal recriminalization of hemp THC drinks and other products later this year. Until now, none of those proposals have gained traction with congressional leaders.
For example, Rep. James Comer (R-KY), who chairs the House Oversight and Government Reform Committee, is circulating legislation that would delay a planned federal ban on hemp THC products and institute some regulations—including packaging requirements, testing rules and age limits.
Separately, Rep. Andy Barr (R-KY), filed a lengthier proposal to prevent the federal recriminalization of hemp THC products and put in place a number of regulations for manufacturing, labeling, sales and taxation of hemp-derived products, including an age limit of 21.
A press release from the congressman’s office claimed that the White House supports the legislation, which is cosponsored by Rep. Angie Craig (D-MN), but the administration has not specifically endorsed it despite generally calling for hemp regulations and backing a prior similar amendment filed by Barr.
Trump and White House officials have in recent weeks repeatedly pressed Congress to delay, alter or reverse the ban.
In a letter to House Speaker Mike Johnson (R-LA) last month, for example, White House Office of Management and Budget (OMB) Director Russell Vought said the Trump administration wants lawmakers to “ensure the fair treatment of hemp products”—specifically citing Barr’s earlier amendment to keep many hemp products legal while adding regulations and taxes.
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.”
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 Wine & Spirits Wholesalers of America (WSWA), an alcohol industry trade association issued praise for Barr’s bipartisan hemp regulation bill, but said the measure’s tax provisions require “continued discussion.”
Hemp policy observers expect to see a Senate companion bill to Barr’s proposal filed soon, likely from Sens. Tim Sheehy (R-MT) and Amy Klobuchar (D-MN).
Sheehy recently cited hemp legislation as an area where Republicans and Democrats can work together in an otherwise “hyperpartisan time.”
—
Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
Meanwhile, a new poll from NuggMD found that most cannabis consumers say that state-level hemp product bans that lawmakers are enacting in line with the planned federal recriminalization move are causing them to shift their purchases toward licensed marijuana businesses.
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.
Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
