A coalition of Democratic Senates has urged their fellow senators to derail attempts to prohibit all hemp-based products with THC. The group claims that such a ban would “deal a fatal” blow to the emerging industry, which was created during Donald Trump’s term as president.
The Senate agriculture bill that was passed in December removed the provisions that were championed Sen. Mitch McConnell’s (R-KY), which would have criminalized any marketing of hemp containing quantifiable levels of THC. Ron Wyden, Jeff Merkley and other Democrats signed a joint letter asking the leadership to reject any attempt to revive this proposal.
They said that the proposal to ban hemp products would decimate “the American agricultural hemp industry” and undermine the ability of states to stop unsafe cannabinoid-derived hemp products reaching children.
The letter states: “We request to work with interested members and you to protect consumers through effective regulation of hemp-derived products, instead of passing language which will immediately drive thousands of acres worth of crop across America to zero, including 3,900 acre in South Dakota,” referring to John Thune’s home state.
Senators acknowledge that there are “safety” concerns with the hemp-cannabinoid industry, but they also say the Senate original bill’s language would recriminalize the “prolific products currently available in all parts of the United States,” without a way to stop them.
“Instead of this hurried attempt that will not achieve its worthy public health and safety goals,” the letter outlines alternative options to address the issue.
Specifically, they said that there needs to be a regulatory structure that bans anyone younger than 21 from buying hemp products, codifies the packaging and labeling regulations to prohibit youth marketing, and bars products that are “synthetic” or “artificially derived”. They also advocated for laboratory testing of consumable products.
The letter states that “despite regulatory inaction on the part of the Food and Drug Administration over the past years, hemp has flourished and supports more than 320,000 American jobs. It generates $28.4 Billion in market activity and $1.5 Billion in tax revenues for the state.”
Senators said that McConnell’s proposed ban “falls far short of being a solution”.
If this legislation were passed, it would be a death blow for the American hemp farmers, who form the basis of the industry. It could also threaten tens and tens billions in economic activity across the nation. Let’s work together to regulate these products–building on this opportunity for economic growth for farmers while improving consumer safety and protecting kids, instead of re-criminalizing a crop to regulate finished products.”
The senators said that re-criminalizing hemp products would cut off one of its legs, which will fall if the language was included in a final spending bill. “Over 70 percent of hemp acreage is dedicated to cannabinoid production, according to the latest USDA data—and hemp even yields higher profits for farmers compared to corn or soybeans.”
The report says there is “significant demand for hemp products from consumers throughout the United States.” Some veterans also claim that these products “have helped them to reduce opioid use.”
By arbitrarily changing a definition of a plant to regulate finished goods, Congress could effectively shut down the light for America’s law abiding hemp farmers. It would also undermine the ongoing efforts by colleagues who have worked in state authorizing committees or in the states which created regulatory frameworks on hemp products. To this end, we urge you to remove the language in the FY26 Ag FDA Appropriations and the final FY26 Appropriations bill and to work together with us on regulating finished products that protect consumers. We will fight for American hemp growers and small business owners and refuse to allow this language to be included in any legislation.
Others who signed the letter are Sens. Angela Alsobrooks(D, MD), John Hickenlooper(D, CO), Cory BookerD, NJ), Michael BennetD, CO), Martin HeinrichD, NM), and Chris Van HollenD, MD) are all signatories to the letter.
Meanwhile, a GOP senator recently said that if Congress moves forward with a proposal to ban hemp products with any amount of THC, nobody is going to buy the remaining CBD preparations—in large part because “even a little bit” of the intoxicating cannabinoid makes an important difference for health effects.
Rand Paul (R KY) made it clear that he opposes the blanket prohibition on hemp THC-containing products, which has been proposed by both chambers in this session. While he is in favor of increased regulations on the hemp market he believes that an outright ban would be devastating for the industry.
Paul said last month that he has plans to meet with House lawmakers to “reach a compromise” on an approach to regulate hemp in light of his opposition to the THC proposal.
He said that part of the compromise is to respond to concerns that he and others stakeholders have regarding vague language, which leaves it to Secretary Robert F. Kennedy Jr. of U.S. Department of Health and Human Services to decide what amounts are “quantifiable”. The concern is that without specifics, all cannabinoid-containing products would be recriminalized.
Paul successfully prevented the ban from being incorporated into a Senate agriculture spending bill recently passed by the body, with the senator pushing for regulations that he said would promote public safety while preserving the hemp industry that’s proliferated since the crop was federally legalized under the 2018 Farm Bill—a reform that McConnell played a key role in advancing.
But while McConnell has contested the idea that the legislation he sponsored would “completely destroy” the market, as Paul and industry stakeholders have insisted, he ultimately agreed to pull the language from the agriculture bill following Paul’s procedural protest.
Meanwhile, Paul recently filed a standalone bill that would go in the opposite direction of the hemp ban, proposing to triple the concentration of THC that the crop could legally contain, while addressing multiple other concerns the industry has expressed about federal regulations.
He introduced legislation in June entitled the Hemp Economic Mobilization Plan Act. It mirrors versions he’s sponsored over the last several sessions.
Rep. Andy Harris (R-MD), who championed a hemp THC ban in his chamber version of the agriculture spending legislation, told MEDCAN24 that he wasn’t concerned about any potential opposition to the hemp ban in the Senate—and he also disputed reports about the scope of what his legislation would do to the industry.
The Congressional Research Service (CRS) released a report in June stating that the legislation would “effectively” prohibit hemp-derived cannabinoid products. The CRS originally stated that a similar ban would also prevent the sale CBD, but for unknown reasons the report has been updated to remove that specific language.
The hemp language is largely consistent with appropriations and agriculture legislation that was introduced, but not ultimately enacted, under the last Congress.
Hemp industry participants rallied to oppose that proposal. A previous version of it was also in the base Bill from last year’s subcommittee. It’s virtually identical to a provision of the 2024 Farm Bill that was attached by a separate committee last May via an amendment from Rep. Mary Miller (R-IL), which was also not enacted into law.
A leading alcohol industry association, meanwhile, has called on Congress to dial back language in the House spending bill that would ban most consumable hemp products, instead proposing to maintain the legalization of naturally derived cannabinoids from the crop and only prohibit synthetic items.
Wine & Spirits Wholesalers of America (WSWA) President and CEO Francis Creighton said in a press release that “proponents and opponents alike have agreed that this language amounts to a ban.”
Separately, key GOP congressional lawmakers—including one member who supports marijuana legalization—don’t seem especially concerned about provisions in the bill despite concern from stakeholders that it would put much of the hemp industry in jeopardy by banning most consumable products derived from the plant.
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Jonathan Miller, general counsel at the U.S. Hemp Roundtable, told congressional lawmakers in April that the market is “begging” for federal regulations around cannabis products.
Rep. James Comer, R-KY, also asked about FDA’s inaction on regulations. He asked sarcastically if “a gazillion of bureaucrats who work at home” would be required to regulate CBD and other cannabinoids.
A report from Bloomberg Intelligence (BI) last year called cannabis a “significant threat” to the alcohol industry, citing survey data that suggests more people are using cannabis as a substitute for alcoholic beverages such a beer and wine.
Last November, meanwhile, a beer industry trade group put out a statement of guiding principles to address what it called “the proliferation of largely unregulated intoxicating hemp and cannabis products,” warning of risks to consumers and communities resulting from THC consumption.
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