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Makers of hemp THC products were thrown a lifeline when senators in a stopgap spending bill included a delay of a federal ban on their products.
The Senate’s government funding bill set to be considered this week would delay the upcoming prohibition on most hemp-derived THC products until Dec. 11.
Hemp industry groups and their allies touted the provision as a significant win that would give them more time to convince lawmakers to regulate their products, rather than ban them by closing the so-called “hemp loophole.”
The U.S. Hemp Roundtable said passing the continuing resolution would be “a landmark victory for the hemp industry” and the biggest win since the 2018 Farm Bill legalized hemp.
The Hemp Beverage Alliance, the trade association for the hemp beverage industry, praised lawmakers for “standing up for responsible hemp beverage suppliers and their supply chain partners.”
“We urge the Senate to quickly pass this legislation and send it to the House for their swift approval as soon as they return,” Hemp Beverage Alliance founder and president Christopher Lackner said in a statement.
However, passage is not assured.
A bipartisan coalition of state attorneys general is urging Congress to reject any efforts to delay or weaken the ban, and GOP Sen. Ted Budd (N.C.) pledged to introduce an amendment to strip the provision from the bill.
The 35 attorneys general, led by Indiana’s Todd Rokita (R), warned in a letter sent to House and Senate leaders and top appropriators on Tuesday that a delay would give the intoxicating hemp industry another opportunity to reopen a loophole that was already voted closed and to continue profiting from unregulated products that mimic marijuana.
“The redefinition restores the 2018 Farm Bill’s original goal of allowing the cultivation of hemp crops for uses within American industry–separate from the cultivation or processing of marijuana,” the attorneys general wrote.
In a separate statement, Rokita urged Congress not to “bow to the special interests” that want to keep the loophole open.
“Reject the delay, keep your promise and let the law take effect,” Rokita said.
A law passed late last year redefined hemp to close what critics called the “hemp loophole” brought about by the 2018 Farm Bill, which removed hemp from the controlled substances list.
The law’s broad definition and subsequent lack of federal regulation created a loophole that allowed companies to extract and synthesize high levels of THC, the psychoactive compound in marijuana responsible for a high.
Those cannabinoid products, including gummies and drinks, have exploded in popularity and are now sold beyond dispensaries, expanding to gas stations, convenience stores and even major retailers such as Target.
Many can give people a marijuana-like high without being considered marijuana. They are sold without consistent age restrictions or labeling regulations and oftentimes resemble candy.
The new definition limits legal hemp products to 0.4 milligrams per container of total THC, or any other cannabinoids with similar effects. The policy was set to take effect Nov. 12, so the practical impact would push the effective date by a month.
However, cannabinoids that are synthesized or manufactured outside the plant, such as delta-8 THC, would still be banned on the original timeline.
Last month, the House passed its own version of the government funding bill, but it did not have any provisions to alter the planned hemp product ban, and it’s not clear if Speaker Mike Johnson (R-La.) would want to include the provision.
There have been bipartisan bills in both chambers to prevent the upcoming ban, though so far, none have gained traction with leadership.
Updated at 5:29 p.m. EDT
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