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 TargetCircle 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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Alcohol Industry Groups Push Congress To Ban Intoxicating Hemp Products—At Least Until Federal Regulations Are Enacted

A coalition of major alcohol industry associations is throwing its weight behind a push to get Congress to ban intoxicating hemp products—at least on a temporary basis before the federal government creates a “robust regulatory framework” for the marketplace.

As lawmakers work to finalize appropriations legislation, they’ve felt pressure on both sides of the hemp debate, with some interests endorsing controversial proposals to outright prohibit intoxicating cannabinoids and others that have called for a comprehensive regulatory approach that could prevent significant economic fallout for the hemp industry.

A new letter from the American Distilled Spirits Alliance (ADSA), Beer Institute (BI), Distilled Spirits Council of the U.S. (DISCUS), Wine America and Wine Institute seems to promote a middle-ground solution—but one the begins with a ban on hemp THC products as championed by Sen. Mitch McConnell (R-KY) and Rep. Andy Harris (R-MD).

The letter, sent to congressional leaders on Tuesday, states that the alcohol associations are aligned with a group of 39 state and territory attorneys general who recently urged federal legislators to enact a ban on the hemp items.

“Our respective organizations produce virtually all the beer, distilled spirits, and wine available in every state and congressional district across the country, representing some of the world’s most valuable consumer brands,” the letter says.

“Unfortunately, the ambiguous language contained in the 2018 Farm Bill has been manipulated and exploited by certain actors, fueling the rapid growth of a largely unregulated market that is knowingly and willfully ignoring the [Food and Drug Administration, or FDA] position that the addition of intoxicating cannabinoids (like delta-8 THC and delta-9 THC) to food is illegal,” it says.

“The rhetoric surrounding this issue is unfortunate,” the coalition said, adding that “certain entities, including some within the beverage alcohol space, claim that any effort to rein in the sale of highly intoxicating hemp THC products is tantamount to ‘prohibition’ or a ‘ban’ that will adversely impact industrial hemp farmers or even products that contain non-intoxicating cannabidiol (CBD).”

Wine & Spirits Wholesalers of America (WSWA), a key player in the space, is among those alcohol interests that have pushed back against the proposed prohibition. WSWA also added a company that makes THC-infused drinks to its membership roster for the first time in September.

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39 Bipartisan State And Territory Attorneys General Push Congress To Ban Intoxicating Hemp Products

A bipartisan coalition of 39 state and territory attorneys general is calling on Congress to clarify the federal definition of hemp and impose regulations preventing the sale of intoxicating cannabinoid products.

In a letter sent to the Republican chairs of the House and Senate Appropriations and Agriculture Committees on Friday, members of the National Association of Attorneys General (NAAG) expressed concerns with provisions of the 2018 Farm Bill that legalized hemp, which they said has been “wrongly exploited by bad actors to sell recreational synthetic THC products across the country.”

They’re asking that lawmakers leverage the appropriations process, or the next iteration of the Farm Bill, to enact policy changes that “leave no doubt that these harmful products are illegal and that their sale and manufacture are criminal acts.”

Arkansas Attorney General Tim Griffin (R), Connecticut Attorney General William Tong (D), Indiana Attorney General Todd Rokita (R) and Minnesota Attorney General Keith Ellison (D) led the letter, underscoring the bipartisan sentiment driving the call for congressional action.

“Intoxicating hemp-derived THC products have inundated communities throughout our states due to a grievously mistaken interpretation of the 2018 Farm Bill’s definition of ‘hemp’ that companies are leveraging to pursue profits at the expense of public safety and health,” they wrote. “Many of these products—created by manufacturers by manipulating hemp to produce synthetic THC—are more intoxicating and psychoactive than marijuana a Schedule I controlled substance and are often marketed to minors.”

While the debate over revising federal hemp laws has been a consistent talking point this year, with attempts in both chambers to enact a ban on products containing THC, so far such restrictions have only been implemented at the state level.

“Unless Congress acts, this gross distortion of the 2018 Farm Bill’s hemp provision will continue to fuel the rapid growth of an under-regulated industry that threatens public health and safety and undermines law enforcement nationwide,” the letter says.

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Ohio House Passes Bill To Remove Voter-Approved Marijuana Legalization Protections And Restrict Hemp Market

The Ohio House of Representatives has passed a bill that would make significant changes to the state’s voter-approved marijuana legalization law by removing several protections for consumers while also adding a series of new restrictions on hemp products that are intended to align the two sectors of the cannabis industry.

After moving through several House committees this week, with substantive amendments, the full chamber approved the legislation from Sen. Stephen Huffman (R) in a 87-8 vote on Wednesday.

While the measure previously passed the Senate in earlier form it will need to return to that chamber for concurrence, or go to a bicameral conference committee, before potentially heading to the governor’s desk.

Certain controversial provisions of the bill as passed by the Senate were scaled back by the House, but advocates are concerned that it would still make major changes to the marijuana law voters approved in 2023.

Rep. Brian Stewart (R), who has shepherded the legislation through the House, argued ahead of the floor vote that the legislation effectively reaches a “carefully crafted compromise” between lawmakers with differing perspectives on cannabis issues.

“This bill has been very difficult to wrangle, but most of our substantive bills usually are. Rather than being some kind of mushy muddle of weak sauce tie-breakers, this bill does what we all claim that we wanted to come to Columbus to do,” he said. “It tackles the issue head-on. It makes tough decisions. It respects and implements the feedback from residents and advocates across the affected industries. This bill wisely balances between Ohioans’ individual liberties, their safety, the financial wellbeing of our local communities and the need to protect the health and safety of Ohio’s children.”

Rep. Jamie Callender (R), who sponsored marijuana legalization legislation ahead of voters’ approval of the reform at the ballot, said the bill is “not perfect” but argued that lawmakers “have to act” to address intoxicating hemp and other pending issues.

“This is the revised code we’re writing,” he said. “I anticipate there will be numerous other bills on these topics in the near- and long-term future, as there should be… I’ll keep working with everyone to make it better.”

While its supporters have described it as a less heavy-handed approach compared to the original Senate bill, the measure would make substantive changes to the existing legalization law—with several provisions that advocates say directly contradict the will of voters and represent overreach on the part of lawmakers.

For example, the proposal would eliminate language in current statute providing anti-discrimination protections for people who lawfully use cannabis. That includes protections meant to prevent adverse actions in the context of child custody rights, the ability to qualify for organ transplants and professional licensing.

It would also recriminalize possessing marijuana from any source that isn’t a state-licensed dispensary in Ohio or from a legal homegrow. As such, people could be charged with a crime for carrying cannabis they bought at a legal retailer in neighboring Michigan.

Additionally, it would ban smoking cannabis at outdoor public locations such as bar patios—and it would allow landlords to prohibit vaping marijuana at rented homes. Violating that latter policy, even if it involves vaping in a person’s own backyard at a rental home, would constitute a misdemeanor offense.

Karen O’Keefe, director of states policies at the Marijuana Policy Project (MPP), said in a letter to House lawmakers on Wednesday that SB 56 as currently drafted “eliminates essential protections from the voter-enacted law and recriminalizes innocuous conduct that voters legalized.”

“Please reject this erosion of freedoms enacted by voters,” she said.

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Ohio Lawmakers Advance Bill To Scale Back Voter-Approved Marijuana Law And Impose Hemp Regulations

Ohio House lawmakers on Tuesday approved an amended Senate-passed bill that would make significant changes to the state’s voter-approved marijuana legalization law while incorporating a series of regulations for hemp that are meant to align the two sectors of the cannabis industry.

Members of the House Judiciary Committee agreed to changes to the measure from Sen. Stephen Huffman (R) before advancing it to other panels and an expected floor vote on Wednesday. But while certain controversial provisions of the bill as passed by the Senate were scaled back, it would still make major changes to the marijuana law voters approved in 2023.

The measure will now go to the Rules Committee before being re-referred to the Finance Committee, after which point it’s expected to receive floor action.

“We’ve had years of testimony. We’ve heard from marijuana advocates, hemp advocates, public health advocates and everyone in between,” Rep. Brian Stewart (R) said. “We are generally going to take the feedback from the hemp industry, which said, ‘Treat us like marijuana,” he said. “They will have the same potency limitations, the same advertising restrictions, the same restrictions on quantities, serving size and how they operate.”

Rep. Jamie Callender (R), who has led the charge on marijuana policy in the House, said ahead of the vote that the revised bill would be “very thoughtful and targeted.” But at the hearing, he added that the legislation is “not perfect” or what he would have drafted.

“It’s a bill that can get passed that will help us implement some of the elements of Issue 2 that have been held up and give clarity to the rulemakers on some of the points that are outstanding,” he said, referring to the voter-approved legalization measure. “It also clarifies and cements a few of the gains that were gained over the years: Sharing, home grow, no new prosecutions [and] the taxes going to the local governments.”

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Three In Four American Voters Want Hemp To Stay Legal, With Enhanced Regulations, Poll Finds

American voters across the political spectrum are broadly supportive of keeping consumable hemp products legal and implementing certain regulations to ensure public safety and prevent youth access, according to a new poll.

The survey from McLaughlin & Associates, which was commissioned by the Hemp Industry & Farmers of America (HIFA), comes amid increased debate in Congress and state legislatures around the country about how to navigate laws around consumable hemp products, which were federally legalized under the 2018 Farm Bill that President Donald Trump signed in his first term.

Overall, 72 percent of respondents said they want to see hemp maintain its legal status under federal law, along with “new safety and licensing regulations.” Notably, Republicans were most supportive at 77 percent, compared to Democrats (71 percent) and independents (68 percent).

The question posed to voters didn’t simply ask about keeping hemp legal, however, so it’s unclear what percentage back the status quo or are swayed by the possible addition of new regulations. It asked: “Would you support or oppose a federal law continuing to allow the sale and possession of consumable hemp-based products with new safety and licensing regulations to protect children and adult consumers, including age restrictions for adult use only, school free zones, and increased transparency like clear health and warning labels.”

Given that those are generally popular regulatory policies, it’s less surprising that such strong bipartisan majorities would voice support for a legal framework for the cannabis crop.

Asked about the specific regulatory proposals individually, 87 percent said they want child-proof packaging, 86 percent want to limit sales to adults 21 and older, 81 percent said there should be marketing restrictions to prevent appealing to youth and 71 percent said hemp products shouldn’t contain any “unnatural psychoactive substances.

The survey “illustrates big support to pass federal legislation to continue to allow the sale and possession of consumable hemp-based products with new, commonsense safety regulations,” a polling memo says.

Further, the poll found that 55 percent of respondents would be more likely to support a political candidate who voted in favor of maintaining the legal status of hemp with enhanced regulations. That includes 62 percent of Republicans, 53 percent of Democrats and 48 percent of independents.

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