A GOP senator says that an effort to ban THC hemp products that’s advancing in the Republican-controlled House would “completely destroy” the industry.
Andy Harris, a notorious prohibitionist and former House member of Kentucky (R), is promoting a House spending bill on agriculture that includes cannabis-related language. Sen. Rand Paul has expressed his opposition to this legislation.
When asked for his opinion on the proposed legislation, Senator said: “They have an appropriations act that would destroy the American hemp industries.”
He said: “I’m not sure how you could sell CBD oil with this.” This is in line with the arguments of certain hemp stakeholders, who claim that as it stands now, legislation would prohibit both synthetic cannabinoids such as delta-8 THC and most non-intoxicating hemp-derived cannabidiol-based products.
Harris has amended the language of the attached report to make it clear that there is no intention on the part of the Committee to prohibit people from obtaining hemp-derived CBD products for industrial or nonintoxicating purposes with trace or minimal amounts of THC. However, the bill states that all products containing “quantifiable quantities” of THC are prohibited. CBD products with natural traces THC are rare.
Paul filed a new bill which would be in opposition to Harris’s prohibition. It proposes to triple the amount of THC a crop can legally contain. The industry also expressed concerns about the federal regulations.
Last week, the senator presented the Hemp Economic Mobilization Plan Act (HEMP). It mirrors versions he’s sponsored over the last several sessions.
Hemp and its derivatives were legalized under the 2018 Farm Bill, but the industry has experienced multiple setbacks in the years since—and the proliferation of intoxicating cannabinoid products has led to pushes in Congress and state legislatures across the country to reign in the largely unregulated market.
Harris, for his part, told MEDCAN24 last week that he’s not concerned about any potential opposition in the Senate—and he also disputed reports about the scope of what his legislation would do to the industry.
The 2026 spending legislation that contains provisions to ban consumable hemp products with any quantifiable amount of THC advanced out of the House Appropriations Committee on Monday and is now headed to the floor before potentially getting taken up by the Senate.
Harris—who serves as chair of the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies—also noted in the interview with MEDCAN24 that there “was no opposition [to the hemp provisions] “That was brought up in the committee. That’s for certain.”
He also briefly weighed in on the Texas governor’s recent veto of a bill to recriminalize hemp products with any THC—simply stating that he’s “not paying attention to what a single state is doing” while he focuses on enacting the proposed federal ban.
The language in the congressional bill, meanwhile, would still 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. Existing law allows these products if the dry weight of THC is less than 0.3 per cent.
Harris’ proposed policy will change all that. The proposed policy would maintain “industrial hemp’s” legal status under a new definition which allows the sale and cultivation of hemp for fibre, oil, cakes, nuts, hulls, microgreens, or other edible hemp products for human consumption.
The Congressional Research Service, or CRS, released a new report in this month stating the proposed legislation “effectively” prohibited hemp-derived cannabinoid product. 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 stakeholders protested this proposal. An earlier version was included last year in the base legislation from the 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.
The new version of the spending bill for 2026 has some changes, such as a change in what is considered a “quantifiable amount” of THC for hemp products.
The new definition of a quantitative amount states that it is “determined in consultation between the Secretary and the Secretary for Health and Human Services” and “based upon substance, form or manufacture of the article”. Previously, the amount was simply defined as “determined in consultation by the secretary in consultation to the Secretary for Health and Human Services.”
In the new proposed legislation, it is also specified that “any drug approved by the FDA under section 505 subsections (c) and (j), of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. The proposed legislation also specifies that the term hemp does not include “a drug which has been approved under subsection (c) or (j) of section 505 of the Federal Food, Drug and Cosmetic Act (2 U.S.C.
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.”
He stated that “by pushing an evolving industry into the darkness, Congress creates even more chaos in a marketplace. It undermines state initiatives and penalizes responsible actors.” “We ask the House of Representatives to reconsider their approach. States can safely regulate intoxicating product through effective systems that protect consumer safety and trust. Congress should follow the states’ lead rather than override them.
Members of WSWA also met with lawmakers and staffers in April to advocate for three key policy priorities that the group says is based on “sound principles of alcohol distribution.” These include the banning of synthetic THC and establishing a federal testing system and product labeling.
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.
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon subscribers who donate at least $25/month have access to the interactive maps and charts as well as our hearing calendar.
Discover more about the marijuana bills tracker. Become a patron on Patreon and you will have access.
—
Jonathan Miller, general counsel of 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.
The LCB contributed reporting from Washington, D.C.
Matt Gaetz Pictured Reviewing Contract To Provide Top Marijuana Company With ‘Administration-Related’ Support Amid Rescheduling Push
Pixabay is the source of this photo.
MEDCAN24 could not exist without readers’ support. Please consider making a Patreon monthly pledge if you depend on our cannabis journalism for information.
