Tag: hemp

A Senate-Approved Bill Would Ban the Hemp-Derived THC Products That Congress Legalized in 2018

Forty states now allow medical use of marijuana, while 24, accounting for most of the U.S. population, also allow recreational use. Yet the federal ban on marijuana, first enacted in 1937, remains in place, which means state-licensed cannabis suppliers still face legal risks and financial burdens stemming from a policy that a large majority of Americans reject. But instead of addressing that increasingly untenable situation by repealing federal marijuana prohibition, the U.S. Senate is bent on expanding the ban to cover psychoactive hemp products.

An appropriations bill that was part of the Senate deal to end the federal shutdown aims to close a loophole opened by the 2018 farm bill, which legalized hemp. That law defined hemp to include any part of the cannabis plant containing less than 0.3 percent delta-9 tetrahydrocannabinol (THC), the main psychoactive ingredient in marijuana. The definition also includes “all [hemp] derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,” as long as their delta-9 THC content is less than 0.3 percent.

The farm bill opened the door to a wide range of hemp-derived products, including edibles, beverages, flower, and vape cartridges containing delta-8 THC, an isomer that has effects similar to those of delta-9 THC, or tetrahydrocannabinolic acid (THCA), which converts to delta-9 THC when heated. That explains all those seemingly illegal THC products you may have seen online or in vape shops, pharmacies, or liquor stores, which offer alternatives for cannabis consumers who live in states that still prohibit recreational use of marijuana.

Pot prohibitionists unsurprisingly view that situation as intolerable. The Senate appropriations bill, which would fund agricultural programs, rural development, and the Food and Drug Administration through fiscal year 2026, addresses their concerns by redefining hemp to exclude psychoactive products derived from hemp. According to a summary from the Senate Appropriations Committee, the bill will prevent “intoxicating hemp-based or hemp-derived products, including Delta-8, from being sold online, in gas stations, and corner stores, while preserving non-intoxicating CBD and industrial hemp products.”

The narrower hemp definition, which amounts to a broader definition of marijuana, excludes “any intermediate hemp-derived cannabinoid products” containing “cannabinoids that are not capable of being naturally produced” by the cannabis plant or that “were synthesized or manufactured outside the plant.” It also prohibits intermediate products containing more than a 0.3 percent “combined total” of “tetrahydrocannabinols (including tetrahydrocannabinolic acid)” or “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals.” And it bans final hemp products that contain either synthesized cannabinoids or more than “0.4 milligrams combined total per container” of “tetrahydrocannabinols” (including THCA) or “any other cannabinoids” with “similar effects.”

Given those limits, Cannabis Business Times notes, “companies that manufacture and sell intoxicating hemp products in today’s market would have to overhaul or abandon their business plans.” The U.S. Hemp Roundtable (USHR), a trade group that represents those companies, is understandably alarmed, “arguing that [the bill] would recriminalize hemp products and threaten to eliminate a $28 billion industry that provides 300,000 American jobs.”

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The government is open, but a hemp industry shutdown has just begun

The funding bill to end the longest government shutdown in American history was not simply a “yes” or “no” to reopen the government. Tucked away in the bill, on page 163, in Title VII of Division B, was a provision to shut down the hemp industry. It wipes out the regulatory frameworks adopted by several states, takes away consumer choice and destroys the livelihoods of hemp farmers.

This could not come at a worse time for our farmers. Costs have increased while prices for crops have declined. Farm bankruptcies are rising. For many farmers, planting hemp offered them a lifeline. Hemp can be used for textiles, rope, insulation, composite wood, paper, grain and in CBD products, and growing hemp helped farmers to mitigate the loses they’ve endured during this season of hardship.

But that lifeline is about to be extinguished.

Nearly 100% of hemp products currently sold will be illegal

The justification for this hemp ban, we are told, is that some bad actors are skirting the legal limits by enhancing the concentrations of THC in their products. The hemp industry and I had already come to the negotiating table, in good faith, to discuss reforms that prevent “juicing up” hemp products with purely synthetic cannabinoids of unknown origin.

Dozens of states have already instituted age limits and set THC levels for such products. I have no objection to many of these reforms. In fact, during negotiations, I expressly stated I would accept a federal ban on synthetic THC, as well as reasonable per serving limits. All along, my objective was to find an agreement that would protect consumers from bad actors while still allowing the hemp industry to thrive.

But the provision that was inserted into the government funding bill makes illegal any hemp product that contains more than 0.4 milligrams of THC per container. That would be nearly 100% of hemp products currently sold. This is so low that it takes away any of the benefit of the current products intended to manage pain or other conditions.

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Federal THC ban sends hemp companies scrambling

The Senate late Monday passed a funding package that would reopen the government and fund the Department of Agriculture and the Food and Drug Administration. Tucked into the funding bill is a provision that would re-criminalize many of the intoxicating hemp-derived products that were legalized by the 2018 Farm Bill.   

Sen. Rand Paul (R-Ky.) waged a last-minute fight to try to keep the provision out, threatening to drag out the process of debating the underlying bill until he got a vote on an amendment to strip the language.  

He got the vote on Monday; Paul and Sen. Ted Cruz (R-Texas) were the only Republicans who voted in favor. 

“The bill, as it now stands, overrides the regulatory frameworks of several states, cancels the collective decisions of hemp consumers and destroys the livelihoods of hemp farmers,” Paul said on the floor ahead of the vote. “And it couldn’t come at a worse time for America’s farmers. Times are tough for our farmers.” 

The provision “prevents the unregulated sale of intoxicating hemp-based or hemp-derived products, including Delta-8, from being sold online, in gas stations, and corner stores, while preserving non-intoxicating CBD and industrial hemp products,” according to a Senate Appropriations Committee summary. 

The proposal was first included in the House’s funding bill for the Department of Agriculture, but it was removed from the Senate version over the summer following a disagreement between Paul and his fellow Kentucky Republican Sen. Mitch McConnell.  

Hemp industry representatives and lobbyists have spent months campaigning against the language. Many said they were caught by surprise when the funding bill text was unveiled on Sunday.  

McConnell was a champion of legalizing hemp in the 2018 Farm Bill. But he’s since soured on what he says is a “loophole” that companies use to take legal amounts of THC (or tetrahydrocannabinol) from hemp and turn it into intoxicating substances.  

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Why Is Congress Moving To Ban The Hemp Products That Saved My Son’s Life?

Before my son, Austin, was even five years old, he had been prescribed a series of pharmaceuticals for his epilepsy—opioids, benzodiazepines, rufinamide and more. That continued for years. The side effects were absolutely awful. The sheer number and potency nearly killed him several times, but they never stopped his daily seizures.

By the time he was eleven, his body was shutting down from the daily pills that had hideous physical, emotional and mental repercussions. While he was on life support, the doctors told us that if the pharmaceutical damage to his organs didn’t kill him within two years, the seizures would.

“Just take him home,” the doctors said, “there’s nothing more we can do here.” It was the most terrifying, infuriating, overwhelming moment of my life. The doctors were giving up on my son because the pharmaceuticals they had been prescribing for years had done more damage than they could repair and the seizures remained, worsened.

We couldn’t just watch our son die. We refused to accept that, we had no idea what we were going to do, what we had to do, but we knew we needed to do something for Austin. Whatever it took to help him, that was our mission.

There was a lot of information on hemp, CBD, medical marijuana gaining traction in the news with doctors and scientists speaking in favor of its potential. But my husband was a fireman in our beloved hometown, and trying plant medicines could make him a felon. Our entire family would be at risk. We could lose everything, go to jail and lose Austin.

That refusal to give up, and the desperate attempt to find lawful options, led our family to uproot our lives in Oklahoma and move to Colorado—one of the only states where families could legally access hemp and cannabis as medicine in 2014.

Now after our years-long battle to give children like Austin lawful access to this medicine, to give other parents hope when there is none, Congress is poised to re-criminalize this plant and again put hundreds of thousands of patients, and the people that love them, in jeopardy.

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Texas Officials Post Hemp Law ‘Checklist’ List To Help Businesses Comply With State Cannabis Rules

Even as Congress is taking steps to reinstitute a federal ban on hemp products containing THC, Texas officials are distributing a new hemp law “checklist” list to help businesses comply with recently enacted state cannabis rules—including age-gating to prevent the sale of intoxicating cannabinoid products to youth.

In addition to holding a license or registration with the Texas Department of State Health Services (DSHS), hemp businesses must follow a series of new regulatory policies if they sell or deliver consumable hemp products (CHPs), the flyer says.

For each sale or delivery, employees of licensed hemp businesses must inspect a customer’s ID to determine if they’re at least 21 years old and the identification is not expired.

“Failure to comply with these requirements is a violation of state law and regulations,” the notice says, adding that consumable hemp products include CBD and THC oils, gummies and infused food or drink edibles.

“A CHP is a product processed or manufactured for consumption that contains hemp, including food, a drug, a device and a cosmetic,” the department said. “It does not include any consumable hemp product containing a hemp seed, or hemp seed-derived ingredient used in a manner generally recognized as safe by the U.S. Food and Drug Administration.”

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Senate Advances Hemp Product Ban—But GOP Senator Has Last-Ditch Plan To Fight Back

A congressional spending bill containing a hotly contested ban on hemp products with THC has cleared a procedural Senate vote, teeing up consideration of final passage, expected within days. But one GOP senator has a plan to strike the provision, industry stakeholders tell Marijuana Moment.

The Senate agreed to advance the minibus appropriations package in a 60-40 vote on Sunday, with a handful of Democrats joining all but one Republican to invoke cloture on the motion to proceed to the legislation amid the longest government shutdown in U.S. history.

Hemp advocates and stakeholders have strongly condemned the hemp language as currently included in the package, warning that its provisions would effectively eradicate the market that’s evolved since the crop was federally legalized under the 2018 Farm Bill.

One of the industry’s most active supporters, Sen. Rand Paul (R-KY), isn’t planning to cede the issue easily.

According to two hemp industry stakeholders, the senator is pressing for a vote on an amendment to strike the re-criminalization language—or else block leadership’s plans to advance the overall legislation on a rapid basis, which could delay the process of ending the ongoing federal shutdown for days.

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Congress Shouldn’t Bury a Hemp Ban in a Bill to Feed Families and Pay Our Troops

As Congress stumbles toward reopening the government, a quiet maneuver is unfolding, one that could devastate a thriving, new American industry.

Language added to the Agriculture-FDA Appropriations Bill would change the federal definition of hemp — the definition Congress passed in 2018 — in a way that would effectively outlaw nearly every hemp product on the market.

It’s being advanced through the appropriations process, so it’s not subject to the usual public hearings or debates.

A policy that could destroy hundreds of thousands of jobs and close thousands of farms and small businesses might pass in the same vote that funds food assistance programs and pays the military.

This proposal doesn’t just threaten my company. It threatens an entire ecosystem of farmers, manufacturers, distributors and retailers that grew under rules established by Congress. The 2018 Farm Bill legalized hemp products with less than 0.3% Delta-9 THC. Businesses like mine invested, hired and innovated within that framework.

Seven years later, hemp is a $28-billion-a-year industry that’s rapidly growing. It supports 320,000 American jobs and generates $1.5 billion in state tax revenue, according to Whitney Economics and USDA data. Major retailers such as Target, Circle K and Total Wine and More have embraced hemp-derived beverages because consumer demand is overwhelming.

This is no longer a niche market — it’s a national one, built by individuals and passionate visionaries. Hemp products ranging from CBD gummies to THC seltzers line shelves in stores across the country.

The proposed language would make those same products illegal overnight. It would wipe out all regulations at the state level, criminalize legitimate businesses, eliminate profitable hemp-farming acreage and force countless adult consumers to the black market, thanks to a heavy-handed federal decision.

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Congressional Deal Would Ban Many Hemp THC Products, While Excluding Provisions To Let VA Doctors Recommend Medical Marijuana

Newly released spending legislation negotiated by congressional leaders would federally recriminalize many hemp-derived products. It also excludes provisions previously passed by the House and Senate that would have allowed Department of Veterans Affairs (VA) doctors to begin issuing medical marijuana recommendations to their patients.

The new measure, if enacted into law, would ban certain hemp products that were legalized under the 2018 Farm Bill signed into law by President Donald Trump during his first term.

The negotiated bill “prevents the unregulated sale of intoxicating hemp-based or hemp-derived products, including Delta-8, from being sold online, in gas stations, and corner stores, while preserving non-intoxicating CBD and industrial hemp products,” a summary published on Sunday by the Senate Appropriations Committee says.

Under current law, cannabis products are considered legal hemp if they contain less than 0.3 percent delta-9 THC on a dry weight basis.

The new legislation specifies that, within one year of enactment, the weight would apply to total THC—including delta-8 and other isomers. It would also include “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).”

The new definition of legal hemp would additionally ban “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or not capable of being naturally produced by it.

Legal hemp products would be limited to a total of .4 milligrams of total THC or any other cannabinoids with similar effects.

Within 90 days of the bill’s enactment, the Food and Drug Administration (FDA) and other agencies would need to publish list of “all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature,” “all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant” and “all other know cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids.”

The deal was agreed to by Senate Appropriations Committee Chair Susan Collins (R-ME) and Sen. Patty Murray (D-WA), the ranking minority member on the panel, as well as House Appropriations Committee Chair Tom Cole (R-OK). But Rep. Rosa DeLauro (D-CT), the top Democrat on the House panel, did not sign off.

The language slightly differs from provisions included in legislation that had previously advanced out of the House and Senate Appropriations panels, which would have banned products containing any “quantifiable” amount of THC, to be determined by the HHS secretary and secretary of agriculture.

Separately, the newly released appropriations legislation excludes language that had been passed by either chamber earlier this year to let VA doctors recommend medical cannabis to their military veteran patients in states where it is legal.

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Hemp Shows Strong Antiviral Activity Against Japanese Encephalitis Virus

The research, published by Arch Virol and conducted by scientists from Chung-Ang University, The Catholic University of Korea, Kyungpook National University and Gyeongkuk National University, analyzed whether extracts from hemp roots and stems could limit viral activity in cell models.

The team prepared ethanol extracts and organic solvent fractions from hemp material, first identifying non-toxic concentration ranges through standard cytotoxicity assays. Several of these fractions showed strong virucidal effects, but the hexane and chloroform fractions stood out for producing the most pronounced suppression of viral activity.

When these highly active fractions were applied after cells had already been infected, researchers observed a sharp reduction in viral replication. Both JEV mRNA and the viral E protein dropped substantially, indicating that the post-treatment approach directly interfered with the virus’s ability to grow. By contrast, applying the fractions before viral exposure—or at the same time as exposure—did not offer meaningful protection, suggesting the compounds work most effectively once infection is underway.

Further chemical analysis identified several known hemp-derived molecules within the active fractions, and one compound in particular, stigmasterol, emerged as a key antiviral candidate. In follow-up tests, stigmasterol demonstrated both virucidal action and direct antiviral activity. It disrupted viral entry during infection and suppressed viral growth afterward, again reducing JEV mRNA and E protein expression to significant levels.

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Major Association Of Corporations Including Coca-Cola, Nestlé And General Mills Urge Congress To Ban Intoxicating Hemp Products

A major trade association that counts among its members corporations such as Coca-Cola, General Mills, Kraft Heinz and Nestlé is putting pressure on Congress to ban intoxicating hemp products.

In a letter sent to House and Senate leadership, the Consumer Brands Association (CBA) said it wants to see the so-called “hemp loophole” of the 2018 Farm Bill that legalized the crop closed. And to that end, the organization backed appropriations language led by Rep. Andy Harris (R-MD) to prohibit hemp products containing any quantifiable amount of THC.

The proliferation of intoxicating cannabinoid products—including those that contain synthesized delta-8 and delta-10 THC, for example—have “caused significant investigative and testing challenges, as well as unseen health and safety impacts,” CBA said in the September letter, as first reported by Cannabis Wire.

“This definition did not take into account the possibility for addition of various isomers (chemical variants with similar effects) of THC, and the possibility of intoxicating hemp-derived beverages, which can include more THC than ever intended,” it said. “Additionally, many products are deliberately marketed in ways that confuse consumers, featuring brightly colored packaging, cartoon imagery, and names that mimic candy or popular treats.”

Relatedly, CBA also advised Congress in 2022 to prevent the proliferation of marijuana-infused copycat products that mimic their well-known brands.

“Congress did not intend to create an unregulated market for intoxicating products that are not subject to Food and Drug Administration oversight. Two of the most prevalent isomers of THC, Delta-8 and Delta-10, have not had any FDA review,” the new letter says. “These products create risks for consumers who may falsely believe that they are reviewed and regulated for safety and purity.”

“As you consider finalizing FY 2026 appropriations, we encourage you to close this loophole and protect consumers,” CBA said.

Notably, the retail giant Target—which recently launch a pilot program selling hemp THC beverages at select locations in Minnesota—is also a member of CBA. Target’s decision came just weeks after the association sent out the letter to Congress on restricting such products from the marketplace.

Meanwhile, a bipartisan coalition of 39 state and territory attorneys general recently called on Congress to clarify the federal definition of hemp and impose regulations preventing the sale of intoxicating cannabinoid products.

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