GOP Congressional Committee Proposes Ban On Hemp Products With THC That Advocates Say Would Have ‘Devastating’ Impact On Industry

A GOP-led House committee has unveiled a spending bill that contains provisions that hemp stakeholders say would devastate the industry, prohibiting most consumable cannabinoid products that were federally legalized during the first Trump administration.

The House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies published the text of the legislation covering fiscal year 2026 just one day ahead of a scheduled Thursday markup.

The 138-page bill covers a wide range of issues, but for the hemp industry, there’s a section of particular concern that would redefine hemp under federal statute in a way that would prohibit cannabis products containing any “quantifiable” amount of THC or “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals” as THC.

That would effectively eliminate the most commonly marketed hemp products within the industry, as even non-intoxicating CBD items that are sold across the country typically contain trace amounts of THC. Under current law, those products are allowed if they contain no more than 0.3 percent THC by dry weight.

But the proposed policy being taken up by the subcommittee helmed by anti-marijuana Rep. Andy Harris (R-MD) would drastically change that. It would instead maintain the legal status of “industrial hemp” under a revised definition that allows for the cultivation and sale of hemp grown for fiber, whole grain, oil, cake, nut, hull, microgreens or “other edible hemp leaf products intended for human consumption.”

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Texas Hemp Advocates Deliver 100,000+ Petitions To Governor’s Office, Urging Him To Veto THC Ban Bill

Texas hemp advocates and stakeholders are rallying in opposition to a bill the legislature passed to outlaw all consumable hemp-derived cannabinoid products containing any detectable THC—delivering more than 100,000 petition signatures asking Gov. Greg Abbott (R) to veto the measure.

“Senate Bill 3 was designed to destroy a vibrant and legitimate industry,” Cynthia Cabrera, president of Texas Hemp Business Council, which represents the state’s roughly $8 billion hemp industry, said in a press release. “The bill now awaits review by Governor Abbott. We respectfully urge him to consider the facts, listen to our appeal and make the logical decision to veto SB 3.”

At a press conference on Monday, Cabrera said she wanted to “address the misinformation, misdirection and maligning of this industry” by the bill sponsor, Sen. Charles Perry (D), and Lt. Gov. Dan Patrick (R), who serves as presiding officer of the Senate and strongly advocated for the legislation.

“SB 3 violates the very principles Texas prides itself on: small government, individual freedom and free enterprise,” she said. “Governor Abbott, we ask that you keep your promise to small businesses, to women entrepreneurs and to every Texan who values freedom.”

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Federal Judge Rules Alaska Didn’t Violate Constitution When Restricting Intoxicating Hemp Products

A federal magistrate judge has ruled that the state of Alaska did not violate the U.S. Constitution when it acted to limit intoxicating hemp products in 2023.

In an order published May 23, Magistrate Judge Kyle Reardon granted summary judgment in favor of the state and against the Alaska Industrial Hemp Association, which sued two years ago in an attempt to overturn regulations imposed by the Alaska Department of Natural Resources.

The court order means intoxicating hemp products, common in many other states, will remain illegal in Alaska unless sold through a licensed marijuana retailer.

“It was rewarding to be part of the process developing the regulations, and I was happy when we successfully defended against the motion for a preliminary injunction in 2023,” said Assistant Attorney General Kevin Higgins, by email. Higgins represented the state in the case.

“I’m not patting myself on the back too hard though,” he said. “The Division of Agriculture was motivated by public safety concerns when it took measured action to regulate an emerging industry. This was an easy case to make, which is probably why the plaintiffs didn’t file an opposition to the motion for summary judgment.”

An attorney representing the plaintiff did not answer a request for comment on Wednesday.

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Texas Military Veterans Call On Governor To Veto Proposed Hemp THC Ban That Critics Say Would Harm Patients And Consumers

Veterans advocates in Texas are calling on Gov. Greg Abbott (R) to veto legislation that would outlaw all hemp-derived cannabinoid products containing any detectable THC, saying loss of access to the products would harm veterans, seniors, medical patients and everyday consumers.

“Banning legal hemp would cause irreversible harm to communities across the state,” the organization Texas Veterans of Foreign Wars said on social media on Wednesday, drawing attention to a petition urging Abbott to reject the measure that was sent to him early this week. “Stand up for your rights and livelihoods.”

The petition itself is from the Texas Hemp Business Council, a trade group representing the state’s roughly $8 billion hemp industry, which critics of the bill say would be decimated if the measure becomes law. Texas’s hemp industry employs 53,000 people, the group said.

“We, the undersigned citizens of Texas, call on Governor Abbott to reject SB 3 and any proposals banning products containing legal hemp,” the petition says. “Hemp is not a threat but a resource that helps countless Texans lead healthier, more fulfilling lives.”

“SB 3 would deprive Texans of natural alternatives for treating chronic pain, anxiety, and sleep disorders throughout the state,” it adds. “A hemp ban also threatens small businesses and farmers in Texas who depend on hemp production for their livelihoods.”

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Nebraska Lawmakers Move Forward With Plan To Outlaw Most Consumable Hemp And THC Products

A legislative proposal that would ban most consumable hemp and other THC products in Nebraska advanced Tuesday without amendments as opponents blocked changes.

Throughout a four-hour debate on Legislative Bill 316, from state Sen. Kathleen Kauth (R) of the Millard area, only a handful of senators spoke. That’s because of pointed opposition from state Sen. John Cavanaugh (D) of Omaha, who filed nearly 30 motions or amendments throughout the bill’s life, largely to push senators toward considering regulations instead of a ban.

LB 316 advanced 32–15 with 32 of the 33 Republicans voting for it and all 15 Democrats voting against. The Legislature’s one nonpartisan progressive was not in attendance.

State Sen. Dan McKeon (R) of Amherst, who was “present, not voting” on advancing the bill, said he did so to wait for possible future changes. He said he recently toured a consumable hemp shop in his district and has concerns about whether the bill could freeze those operations.

LB 316 would prohibit raw hemp above 0.3 percent tetrahydrocannabinol (THC) of any concentration and for processed hemp the lesser of 0.3 percent THC on a total weight basis or 10 milligrams per package, effective January 1. The mature stalks of Cannabis sativa and its fiber, oil, cake and any other naturally derived products would not be considered hemp, leaving a narrow legal path for some products such as fibers and textiles.

If the bill passed, it would include a “consumer safe harbor period” through the end of 2025 to give consumers time to discard any “illegal hemp” as newly defined under LB 316. Legal products would face an additional 10 percent wholesale tax at the time of purchase.

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USDA Trade Committee That Promotes Hemp Internationally To Be Closed Under Trump Executive Order

The Trump administration is moving to terminate trade advisory committees under the U.S. Department of Agriculture (USDA), including one that had been expanded to include hemp industry representatives to promote the crop internationally.

In a notice published in the Federal Register on Monday, USDA advised that it will be going forward with the termination of the committees in compliance with an executive order President Donald Trump signed in February that’s meant to reduce the size of the federal government across multiple agencies. The plan has been paused, however, as USDA is now asking the White House to advise on how to most efficiently facilitate the terminations.

This means the Agricultural Technical Advisory Committee (ATAC) for Trade in Tobacco, Cotton, Peanuts, and Hemp—among six other committees focused on different crops—will be shuttered. 

“It’s certainly a concern,” Jonathan Miller, general counsel at the U.S. Hemp Roundtable, told Marijuana Moment on Wednesday. “You know, the irony has been, for the past decade, we’ve wanted to be treated like every other commodity—and we got that when it comes to this commission. Now, with this broad focus we’re potentially being penalized.”

However, he said that in light of certain policy reversal amid the Trump administration’s efforts to cut spending, he remains “hopeful” that after a review, there will be “a real focus going forward on what’s meaningful and what’s not. And we think this is a meaningful program.”

The ATAC didn’t always have hemp in its title, nor representatives of the industry. But following the federal legalization of low-THC forms of the cannabis crop under the 2018 Farm Bill that Trump signed into law during his first term, USDA got to work incorporating hemp into its various policies and programs, which included its elevation within the ATAC in order to encourage international trade deals.

USDA and the U.S. Trade Representative (USTR) have been gradually building up hemp industry representation within the ATAC. The first members were appointed in 2020, and the most recent joined this January, shortly before Trump took office for the second time. The name of the ATAC was changed to explicitly include hemp in 2023.

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Texas Democrats Slam GOP Lieutenant Governor For Championing Hemp Product Ban That Has Now Passed The House

Lawmakers in the Texas House of Representatives have passed a measure to establish a statewide ban on consumable hemp products that contain any detectable amount of THC.

The House approved the bill, SB 3, on third reading vote of 87–54 on Thursday.

Under the latest version of the proposal, championed by Lt. Gov. Dan Patrick (R), who presides over the Senate, adults could face a $500 fine for possessing a hemp product containing any THC—a penalty that would climb to up to 180 days in jail for subsequent offenses.

Earlier this week, Patrick wrote on social media that “we cannot in good conscience leave Austin without banning THC.”

“I’ve been here for 17 years at the Texas Capitol—10 years as your lieutenant governor,” he said in a video Monday evening. “I’ve never been more passionate about anything.”

Democrats have attacked the bill as an assault on personal liberty and gone after Patrick for his zeal around the ban.

“Dan Patrick is coming for your THC,” the party posted on social media. “Why doesn’t he bring this kind of energy to fully funding our public schools and raising teacher pay?”

“In the so-called ‘freedom state’,” it added, “adults should have the right to use cannabinoid products. We allow alcohol and tobacco—why not a gummy or oil to relax and ease pain?”

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Texas House Approves Bill To Ban Consumable Hemp-Derived THC Products

The Texas House late Wednesday gave initial approval to a bill that would ban all products containing tetrahydrocannabinol, or THC, likely spelling the end for the state’s short-lived hemp industry.

Under the legislation, which is nearing the governor’s desk for approval, adults would face up to a year in jail for possessing hemp products with any amount of THC—a stricter penalty than what is on the books for possessing up to 2 ounces of marijuana.

The bill’s expected passage portends a minor earthquake for the state’s economy, effectively shuttering a field that, by one estimate, accounts for roughly 50,000 jobs and generates $8 billion in tax revenue annually.

THC products, now a ubiquitous presence at gas stations, convenience stores and thousands of other retailers across Texas, are now poised to be taken off the shelves. The about-face comes six years after the Legislature inadvertently touched off a massive boom in hemp-based products when lawmakers, intending to boost Texas agriculture, authorized the sale of consumable hemp.

Though that 2019 law does not allow products to contain more than trace amounts of delta-9 THC, it did not establish that same threshold for other hemp derivatives. Critics say the hemp industry has exploited that loophole to the tune of more than 8,000 retailers now selling THC-laced edibles, drinks, vapes and flower buds.

The vote ended months of suspense over how the House would handle competing calls to ban or regulate THC, the psychoactive element in marijuana.

This session, Lt. Gov. Dan Patrick (R), who oversees the Senate, has led the charge to eradicate the industry, which he accuses of preying on susceptible minors by setting up stores near schools and marketing products to children. The Senate passed legislation in March to ban all THC products, and the Republican leader threatened to force an overtime session of the Legislature if the House did not get on board.

“I’ve been here for 17 years at the Texas Capitol—10 years as your lieutenant governor. I’ve never been more passionate about anything,” Patrick said in a video posted on social media Monday evening. “I’m not gonna leave Austin until we get this done.”

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One Out Of Four Indian Tribes In The U.S. Is Now Involved In Marijuana Or Hemp Programs, New Map Shows

A new infographic from an advocacy group representing Native American tribes in the legal cannabis industry shows that more than a fourth of Indigenous communities in the continental United States are now involved with marijuana or hemp programs.

The map, created by the Indigenous Cannabis Industry Association (ICIA) in collaboration with the law firm Vicente, shows the locations of more than 100 tribal marijuana and hemp programs across the country.

Overall, approximately 26 percent of the 358 federally recognized Indigenous communities in the continental U.S. are now involved in some sort of cannabis program, the groups said.

The data, they said in a press release, “shows that the Indigenous cannabis industry is trending upward in terms of jobs, community development, and overall industry growth, with many Tribes currently scaling to meet demands for global cannabis distribution.”

“Since the first regulated Indigenous cannabis storefront opened almost 10 years ago in Washington State,” the groups said, “dozens of sovereign Indigenous communities have created their own unique regulatory systems to govern cannabis cultivation, production and sales.”

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Marijuana And Alcohol Businesses Should Join The Hemp Industry In The Fight For Regulation Instead Of Prohibition

In recent months, leading organizations and companies in the alcohol and marijuana space have jumped into the hemp sector, offering their support for clear federal legalization and robust oversight of hemp products.

The U.S. Hemp Roundtable, the hemp industry’s national advocacy organization, welcomes them—but asks them to join us in a framework that rejects prohibition, embraces regulation, prevents access by minors and protects retail and e-commerce for all elements of the diverse hemp industry.

Since the 2018 Farm Bill federally legalized hemp, it’s been a rollercoaster ride. After a brief gold rush, the Food and Drug Administration’s (FDA) refusal to regulate CBD led to a crash in prices and widespread disruption. But with a hemp industry as resilient as its stalk, innovators pioneered direct-to-consumer (DTC) sales and developed a new market for adult health and wellness products–including a hemp beverage boom which now meets growing demand for non-alcoholic options.

Today, the hemp extract market has surged to $28.4 billion, creating 328,000 agriculture and retail jobs, with a $13.2 billion employment impact and $1.5 billion generated in state tax revenues. Its popularity is not surprising—hemp products are made in the USA, harvested from crops grown by American farmers, manufactured by innovative U.S. entrepreneurs and sold by small businesses dotting the nation.

Competing interests have taken note of hemp’s success. A few marijuana multi-state operators (MSOs) have led efforts at the state and federal level to ban hemp products, and/or seek monopoly control over distribution. But the majority of marijuana advocates support regulation, not prohibition. In fact, many cannabis companies have found new life via hemp. We’re excited to join an emerging new effort to bring the entire cannabis family together in a united policy-making venture.

More recently, the alcohol industry is weighing in as hemp beverages have gained space on shelves previously reserved for liquor. Leading organizations such as the Wine & Spirits Wholesalers of America and the American Beverage Licensees have called for Congress and state legislators to explicitly legalize and regulate hemp beverages, which in 2024 boasted $380 million in revenues.

But warning clouds loom. In some states, efforts to regulate beverages include bans on other types of hemp products, such as edibles or CBD tinctures fully 85 percent of the hemp product marketplace). In others, there is a rush to ban DTC sales—a lifeline to hundreds of thousands of adult consumers.

Texas has emerged as a key battleground. In response to Lt. Gov. Dan Patrick’s (R) crusade to criminalize all hemp products, HB 28 was introduced as a hemp beverage carveout. Unfortunately, that bill would ban nearly all non-beverage hemp products, criminalize DTC and dramatically reduce the number of retailers who can sell these products.

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