They Built a Hemp Business in Good Faith but Washington Is About To Crush It

As the Senate prepared to vote on the funding bill to reopen the federal government earlier this month, Sen. Rand Paul (R–Ky.) warned that passing the legislation would “regulate the hemp industry to death.” Buried deep inside the continuing resolution was a provision that would completely reverse nearly seven years of industry progress—and potentially wipe out small hemp-based businesses.

In 2019, after the 2018 Farm Bill removed hemp from the Controlled Substances Act, cousins Jim Higdon and Eric Zipperle founded Cornbread Hemp. The Kentucky-based company manufactures and sells hemp-related products directly to consumers nationwide, and it stands out in a highly competitive market thanks to the quality of its organic hemp.

Cornbread pioneered a flower-only production model that uses only cannabis flowers in extraction, yielding higher-quality products. It also enforces a strict set of growing standards.

“We’re farming land that has not had pesticides on it for three years—verified. We’re using non-GMO seeds, no pesticides, and no synthetic fertilizers,” said Higdon. “The only fertilizer input we use is chicken litter…from a certified organic chicken farm.”

That quality has earned Cornbread a loyal and growing customer base, 60 percent of whom are over 66 years old and rely on these products to relieve chronic pain.

It is estimated that the number of licensed growers rose from about 3,500 in 2018 to over 21,000 in 2020. The rush subsided, and by 2021, the market steadied and licenses fell to about 9,700. Even with that correction, the economic impact of industrial hemp is undeniable. Industry estimates suggest the hemp market supports hundreds of thousands of jobs, with one model putting the number at roughly 325,000 workers in farming, biomass processing, product manufacturing, distribution, and retail nationwide. According to Department of Agriculture data, the value of U.S. industrial hemp production was about $824 million in 2021 and approximately $445 million in 2024.

And yet, even before the most recent move by Congress, many small companies, including Cornbread, have been hit by a wave of new state regulations threatening their survival. In 2025, Tennessee passed a law placing the hemp industry under the jurisdiction of the state’s Alcoholic Beverage Commission. The state’s longstanding three-tier system for policing liquor sales now extends to hemp products as well.

Beginning in January 2026, out-of-state hemp companies, such as Cornbread, wanting to do business in Tennessee must first sell their product to a Tennessee-licensed wholesaler, which must then sell it to a Tennessee retail shop. Only then can customers visit the physical store and purchase the product.

While Cornbread can set up its own wholesaler and retail facilities in Tennessee, doing so would be impractical and prohibitively expensive.

Beyond its practical business burdens, Tennessee’s law infringes on Cornbread and other companies’ fundamental right to earn a living. The law also violates the U.S. Constitution’s Commerce Clause by discriminating against out-of-state businesses and shielding in-state interests from legitimate competition. 

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Tennessee Officials Reach Agreement With Hemp Industry To Temporarily Allow THCA Sales

Tennessee’s hemp industry has reached an agreement with state agencies, dismissing a lawsuit and enabling some businesses to keep selling hemp-derived products such as THCA for a short time after new restrictions take effect.

The Tennessee Healthy Alternatives Association announced it entered an order with the state Agriculture and Revenue Departments allowing businesses with licenses issued before December 31, 2025 to continue using a 2023 regulatory framework until their licenses expire June 30, 2026. Such a move allows stores to keep selling many products that will be banned after a new law takes effect January 1.

Because of the agreement, a pending declaratory judgment against the Agriculture and Revenue departments has been dismissed, the association said in a statement.

Part of the new law adopted by the legislature this year transfers regulatory authority over hemp products and beverages from the state Agriculture Department to the Tennessee Alcoholic Beverage Commission.

The new law also bans the hemp derivative, THCA, which converts into delta-9 THC–an illegal substance in Tennessee in greater than trace amounts–when smoked or heated. The synthetic cannabinoid, THCP, is also banned under the law.

Hemp industry representative Clint Palmer, who testified before lawmakers this year, said about 75 percent of the market will be considered illegal under the new ban, which includes THCA flower and vapes. The new law will push consumers to synthetic cannabinoids, he said.

“If you ask your typical consumer, they’re gonna say gross,” Palmer said.

Palmer told lawmakers early this year hemp businesses will be forced to shut down despite spending millions of dollars to comply with state regulations.

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Rand Paul Slams Alcohol And Marijuana Interests Over Federal Hemp Ban, Announcing He’ll File A Bill To Reverse It Next Week

A GOP senator says he’ll be filing a bill next week to protect the hemp industry from an impending federal ban on most cannabinoid products. He’s also calling out alcohol and marijuana interests for allegedly “join[ing] forces” to lobby in favor of the prohibitionist policy change, which will restrict access to a plant and its derivatives that are often used therapeutically—including by members of his Senate colleagues’ families.

In an interview on “The Chris Cuomo Project” podcast that was posted on Thursday, Sen. Rand Paul (R-KY) previewed his plan to push back against the hemp ban that was included in major spending legislation President Donald Trump signed into law last week.

Paul has been sounding the alarm for weeks about the potential consequences of the hemp recriminalization provisions, which he says would cause mass job losses and a $25 billion industry to be “wiped out.”

As he previewed during a separate webinar organized by the Kentucky Hemp Association on Wednesday, the senator told Cuomo that he intends to introduce legislation next week that would make it so state policy regulating hemp cannabinoid products—with basic safeguards in place to prevent youth access, for example—”supersedes the federal law.”

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Nancy Mace Circulates Bill To Block Hemp THC Ban That Trump Signed Into Law

A GOP congresswoman is circulating a bill that would stop the implementation of a federal hemp THC product ban that’s part of spending legislation signed by President Donald Trump last week. And she’s pledging to spend the next year fighting to prevent the implementation of the ban.

The draft bill from Rep. Nancy Mace (R-SC)—who has also separately championed legislation to legalize marijuana—seeks to strike a section of the recently enacted appropriations package that hemp stakeholders say would effective eradicate the market by imposing severe restrictions on the types of consumable cannabinoid products that could be legally sold.

Hemp businesses and industry groups have warned about the potential ramifications of the ban, but despite his support for states’ rights for cannabis and a recent social media post touting the benefits of CBD, Trump signed the underlying spending measure into law without acknowledging the hemp provisions.

Mace’s bill, titled “The American Hemp Protection Act of 2025,” would prevent that ban from taking effect, which would happen around this time next year, but it wouldn’t on its own accomplish what many advocates have pled for: Regulations.

Rather than outright prohibit consumable hemp products with small amounts of THC, the industry has generally pushed for a regulatory model that addresses issues with intoxicating cannabinoids that have become widely available since the crop and its derivatives were federally legalized under the 2018 Farm Bill that Trump signed during his first term.

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Pets Will ‘Suffer Needlessly’ If Federal Hemp Ban Takes Effect And Limits CBD Access, Veterinarian Says

The federal hemp ban that was included in a spending bill President Donald Trump signed last week could inadvertently hurt a patient demographic that isn’t usually associated with cannabis: Dogs, cats and other pets who’ve come to rely on cannabinoids as part of their veterinary medical care.

As certain GOP lawmakers in Congress pressed for a policy change to prevent the sale of consumable hemp products, the narrative often revolved around the idea that a strict ban would close a “loophole” in the 2018 Farm Bill that legalized the crop, leading to the expansion of an often unregulated market for intoxicating cannabinoids.

But while there’s broad consensus that gas station THC vapes and copycat hemp edibles appealing to youth should be addressed, stakeholders and advocates say that narrative paints an incomplete picture, as the language included in appropriations legislation that’s set to take effect next year threatens to upend legitimate enterprises as well—including those that provide access to CBD for pets.

Sen. Mitch McConnell (R-KY) attempted to distance himself from that argument before Congress passed the bill with the hemp provisions. He said that the Farm Bill and hemp legalization provisions he championed were always meant to be about industrial uses, and CBD products would be spared even with a ban on intoxicating elements of the plant.

The way the law is written, however, will permit such limited concentrations of THC that most growers and manufacturers say the idea of a CBD carve-out is infeasible. And for companies marketing such non-intoxicating products, that could spell doom—or at least force them to take on the significant added cost of extracting CBD isolates so as not to run afoul of the law.

Tim Shu, founder and CEO of the company VetCBD, tells Marijuana Moment that the passage of the appropriations legislation is cause for concern for animal companions, many of which have found relief from conditions such as arthritis, epilepsy, pain and other health conditions with the help of CBD.

Just like the 0.3 percent THC by dry weight limit that currently defines hemp, the more restrictive THC limit prescribed under the newly enacted law is “arbitrary,” Shu said. He also stressed the importance of the “entourage effect” for cannabis that makes it so having the plant’s natural ingredients—THC, CBD, terpenes and other compounds—work together often enhances their therapeutic efficacy.

“If the rule stays unchanged, then essentially anyone that’s producing CBD products from hemp are going to have to use CBD isolate,” he said. “And the problem with that is that we know from increasing evidence that the entourage effect does have benefits—it does appear to be a real thing.”

“This is something that people tend to forget about. Everyone’s thinking about intoxicating hemp properties, right? The delta-9, delta-8 THC stuff that you can find at gas stations. But the reality is that there are a lot of people and animals that rely on full-spectrum CBD products from hemp to not suffer,” Shu said. “And as usual, the neediest suffer the most.”

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States Are Already Rebelling Against Trump’s New Hemp THC Ban

Last week, High Times broke down how Congress ended the longest government shutdown in U.S. history and, in the process, scheduled the recriminalization of most hemp-derived products. The deal President Donald Trump signed caps legal hemp at 0.4 milligrams of total THC per container, bans synthetic or chemically converted cannabinoids and gives the industry one year before most hemp products (including drinks, gummies and vapes) are treated as Schedule I marijuana.

On paper, the ban is national and absolute. In reality, it’s already turning into a state-by-state fight over who actually controls cannabis policy.

Paper Law vs. Real-World Enforcement

Technically, cannabis has been federally illegal the whole time, yet a $32 billion marijuana industry operates in dozens of states. Now, a $28.3 billion hemp sector is being shoved into the same contradiction.

Law professor Jonathan Adler told MJBizDaily: “While marijuana is illegal for purposes of federal law, the federal government doesn’t have the resources, doesn’t have the personnel to go after individual retailers, individual buyers, let alone individual users.” If that is true for state-licensed cannabis, it is even more true for hemp seltzers in grocery stores.

In Ohio, for instance, this tension is already out in the open. Governor Mike DeWine issued an executive order to ban hemp-derived THC at the state level, but a judge put the order on hold. Now, lawmakers are talking about pulling hemp THC into the state’s cannabis regime instead of treating it as pure contraband. According to ABC-5, House Speaker Matt Huffman, who supports stricter rules, still asked: “Now, are we going to go around and start cuffing 17-year-old clerks at gas stations? No, but we’ve got to get this thing in shape.”

Texas and Kentucky Push Back

Texas now sits in direct conflict with the new federal definition. Economist Robin Goldstein writes in the Houston Chronicle that the state’s “THC hemp business” represents “a $4.5 billion industry that supports thousands of businesses, most of them small and independent.” He credits Governor Greg Abbott with taking “courageous action to save Texas hemp” by vetoing a state ban and issuing an executive order that kept intoxicating hemp products legal under HB 1325.

Under Abbott’s order and HB 1325, Goldstein notes: “THC hemp products have already been explicitly legalized under Texas law.” Now the shutdown deal makes those products illegal again at the federal level, but state law “is therefore now in conflict with U.S. federal law.” In his words, “recreational intoxicating hemp is just as legal in Texas as recreational intoxicating cannabis is in California,” and “Texas and its THC industry simply join the conflicts-with-federal law club.” His bottom line: “I see no more reason that THC hemp businesses should stop operating in Texas than that THC cannabis businesses should stop operating in California.”

In Kentucky, the governor is sending a similar signal, albeit in softer tones. When asked about the federal hemp language, Governor Andy Beshear said at a press briefing that “hemp is an important industry in Kentucky,” and that “we should have appropriate safety regulations around it, but we should make those regulations here in Kentucky —talking to the industry and making sure that we get that balance right.”

The Governor added: “I think that we can protect our kids. I think that we can do the right thing to protect all of our people while not handicapping an industry that supports a lot of people.” Meanwhile, Senator Rand Paul tried to strip the hemp ban from the bill and warned leadership it would devastate the hemp sector, while Senator Mitch McConnell, who pushed hemp legalization in 2018, led the effort to close the so-called loophole.

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Rhode Island’s US Senators Defend Vote To Ban Hemp Despite Concerns It Will Kill A Growing State Industry

Mike Simpson is one of Rhode Island’s biggest cheerleaders for hemp cultivation and the plant’s derivative products—remedies, he believes, that may help where pharmaceutical medicines cannot.

It’s that very reason Simpson helped co-found Rhode Island’s only outdoor hemp farm, where he says many of the business’ products ship all across the country.

But Lovewell Farms may cease operations now that Congress has approved reopening the federal government under legislation that would effectively ban hemp products containing more than 0.4 milligrams of THC. Now that it has been signed by President Donald Trump, the ban will go into effect in a year.

“This might be the final straw,” Simpson said in an interview Wednesday. “I may have to shut my whole company down.”

Simpson doesn’t sell intoxicating products, but said crops grown at his Hopkinton farm can contain up to 1 milligram of THC in it, as is allowed under existing Rhode Island hemp regulations.

“I have 700 to 800 pounds of flower that I grew this year that under that law would not be legal,” he said.

Simpson said he would grow crops with lower concentrations, but as a USDA-certified organic farm, there aren’t that many seed suppliers he can buy from.

“We’re really at the whim of what those folks are providing,” he said.

The provision in the shutdown-ending appropriations bill was championed by GOP Sen. Mitch McConnell of Kentucky in order to close a loophole in the 2018 Farm Bill that legalized hemp but inadvertently paved the way for the proliferation of hemp-derived THC products like infused drinks—products which states have since scrambled to either regulate or ban.

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Hemp Provision in Spending Bill Could Kill Legit Industry

The hemp industry is gearing up for a lobbying effort following a provision in the recent government funding package meant to stop the sale of intoxicating hemp products but could inadvertently destroy a legitimate $28 billion industry and kill 300,000 American jobs.

The provision in the bill bans hemp products like gummies, drinks, vapes, and topical pain relief applications that contain low doses of THC — the part of the cannabis plant that can create intoxication in users at higher levels.

Hemp was legalized in the 2018 Farm Bill. It “required the FDA to establish a regulatory framework for hemp products, but it never did, allowing intoxicating hemp products to be introduced in the marketplace without oversight or standardization,” the Hill reported.

The new ban tucked into the spending bill prohibits products containing more than 0.4 milligrams of THC per container and is aimed at stopping the sale of intoxicating products often sold in gas stations and convenience stores.

However, the trade group U.S. Hemp Roundtable estimates the move would wipe out 95 percent of CBD products used to treat pain and other health issues, shut down small businesses and farms nationwide, and cost states $1.5 billion in tax revenue.

According to the trade group’s statement:

Despite misleading claims this language protects non-intoxicating CBD products, the reality is that more than 90% of non-intoxicating hemp-derived products contain levels of THC that are greater than the proposed cap of .4 mg per container. As a result, seniors, veterans, and many other consumers who depend on hemp for their health and well-being would be violating federal law to purchase these products, disrupting their care and leaving them scrambling for potentially harmful alternatives.

In Texas, for example, voters overwhelmingly supported the sale of legal hemp-derived products when properly regulated, according to Breitbart News’s reporting of a statewide poll in July. In June, Gov. Greg Abbott (R-TX) vetoed a THC ban bill that had passed the Texas Legislature.

While the spending bill was still in the Senate, Sen. Rand Paul (R-KY) unsuccessfully offered an amendment to remove the language, but the Senate voted overwhelmingly to table it. Paul warned on the Senate floor that the measure would “eradicate the hemp industry” and “couldn’t come at a worse time for America’s farmers.”

Supporters of the provision in the bill argued it was long overdue.

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Illinois Will Revisit Hemp Regulation Debate Amid New Federal Ban On THC Products, Governor Says

Tucked into the spending legislation approved by Congress this week was a provision banning the sale of intoxicating hemp products—a move that could upend an industry with annual sales now into the billions.

Hemp was federally legalized under the 2018 Farm Bill, which defined it as a plant with less than 0.3 percent delta-9 THC. But the law didn’t account for total THC or other cannabinoids, creating a loophole that allowed companies to use compounds like delta-8 to make products with marijuana-like intoxicating effects. As a result, hemp-derived intoxicants have proliferated in gas stations, corner stores and other places with little to no regulation.

An amendment seeking to remove the language from the larger bill, proposed by Sen. Rand Paul, R-Kentucky, was rejected in a 76-24 vote. Sens. Dick Durbin (D-IL) and Tammy Duckworth (D-IL) voted with the majority.

Durbin said the hemp language was proposed by Sen. Mitch McConnell, R-Kentucky.

“Throughout my career, I’ve tried my best to protect children,” Durbin said. “He asked for further regulation of the industry to make sure their products being sold at service stations and such weren’t dangerous to kids. That’s not too much to ask. I supported his position.”

Though he opposed the bill on the whole, the hemp provision hands Illinois Gov. J.B. Pritzker (D) an indirect political win. The governor earlier this year pushed in vain for legislation that would have limited the sale of delta-8 and other hemp-derived intoxicants to state-licensed cannabis dispensaries. But House Speaker Chris Welch, D-Hillside, did not call it for a vote, claiming it did not have the support of 60 House Democrats.

“In the absence of action in Springfield, Governor Pritzker supports policies to protect people, including children, from being misinformed or harmed by these products,” a Pritzker spokesperson said.

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Kentucky Governor Says Hemp Is An ‘Important Industry’ That Should Be Regulated At The State Level, Not Federally Banned

The Democratic governor of Kentucky says the hemp industry is an “important” part of the economy that deserves to be regulated at the state level—rather than federally prohibited, as Congress has moved to do under a spending bill President Donald Trump signed on Wednesday.

During a press briefing on Thursday, Gov. Andy Beshear (D) was asked whether he agrees with Sen. Rand Paul (R-KY) that the hemp language that advanced through the appropriations legislation poses an existential threat to the cannabis market that’s emerged since the crop was federally legalized under the 2018 Farm Bill.

“I haven’t had a chance to review the language on hemp, but hemp is an important industry in Kentucky,” Beshear said. “We should have appropriate safety regulations around it, but we should make those regulations here in Kentucky—talking to the industry and making sure that we get that balance right.”

“I think that we can protect our kids. I think that we can do the right thing to protect all of our people while not handicapping an industry that supports a lot of people,” the governor said.

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