The hemp industry is not backing down after Congress included language to ban it as part of a minibus to end the government shutdown this week.
As congressional Republicans galvanized enough Democrats to push through a continuing resolution and three minibuses to end the government shutdown, President Donald Trump signed the bill that included a small provision that would ban about 95% of all hemp products in the United States.
The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act includes a new definition of the word “hemp” that would ban the sale of intoxicating hemp-derived THC products. It would also lower the threshold of THC that is allowed in accessible hemp products, wiping out nearly all products available in the current market.
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The provision is an effort largely led by Sen. Mitch McConnell (R-KY) to close a loophole in the 2018 farm bill, which he championed, to allow for intoxicating hemp to be sold in places such as gas stations and corner stores. McConnell and drug safety groups have argued that easily available THC endangers children, as it can be made to look like candy. The senator pointed to the rising number of hospitalizations among children as an example of the danger.
However, hemp farmers and industry groups are not giving up. Instead, they are planning to fight the provision until the definition takes effect next November.
“Here’s two pieces of good news: First, for the next year, nothing changes,” Cornbread Hemp, a Kentucky-based hemp company, said in a statement. “Cornbread Hemp will continue to sell our products to you as long as they remain legal until next November, and second, there is a path forward. While 363 days is not a lot of time, it is enough to move a bill to keep hemp products legal in America.”
Sen. Rand Paul (R-KY) fought for an amendment to strike the provision from the minibus, although it failed by a vote of 76 to 24, with Paul and Sen. Ted Cruz (R-TX) being the only GOP members to vote in favor of striking the language. Kentucky and Texas are two of the top hemp-producing states in the country.
When asked whether Paul is considering any bills to change the language of the hemp ban, Paul’s Deputy Communications Director Gabrielle Lipsky told the Washington Examiner that the Bluegrass fiscal hawk is “evaluating all options and will not rule out anything at this point.”
Rep. Thomas Massie (R-KY) also emphasized his commitment to fighting the hemp ban in a statement to the Washington Examiner.
“I detest the tactics that were used to enact the hemp ban into law,” Massie said. “I offered an amendment that mirrored Senator Paul’s effort to strip the ban out of the bill and I am frustrated that the Rules committee did not make it in order. I will continue to work with Senator Paul to find opportunities to reverse the hemp ban.”
The U.S. Hemp Roundtable, an industry advocate, is also pushing stakeholders to lobby Congress for a bill to strike the hemp ban language before November 2026.
“We have until November 13, 2026 to help federal government understand how to regulate hemp and protect Americans, not ban hemp which is essential for the health and wellness benefits treasured by millions of Americans,” the U.S. Hemp Roundtable said in a statement.
The group said it has a “strong game plan” moving forward, pointing to legislative efforts from Rep. Morgan Griffith (R-VA) and Sens. Ron Wyden (D-OR) and Jeff Merkley (D-OR).
“Rep. Morgan Griffith (R-VA) plans to soon introduce a bill that would replace a total ban with robust regulation of hemp products (exactly what we have been advocating for!), including requiring good manufacturing practices, truth in labeling, bans on synthetic THC, and strong measures to keep products out of the hands of children,” the group said.
Griffith confirmed to the Washington Examiner plans to move forward with a draft hemp regulatory bill he circulated in August, saying, “I plan to work off our discussion draft for a bill that makes sense for America.”
The U.S. Hemp Roundtable said that Wyden and Merkley “will reintroduce their regulatory bill soon, for consideration by the Senate Health, Education, Labor and Pensions (HELP) committee, where we expect action as well.”
Merkley’s office referred the Washington Examiner to Wyden and Merkley’s bill from September 2024. Wyden’s office did not respond to the Washington Examiner‘s requests for comment.
Each of the congressional efforts takes a regulatory approach to hemp, but does not go as far as the definition passed in the minibus.
Kevin Sabet, CEO of Smart Approaches to Marijuana, which was instrumental in drafting the hemp language, told the Washington Examiner that the group “always expected the intoxicating hemp industry to fight back.”
“They have a lot of money on the line and the ban strikes at the heart of their corporate profits,” Sabet said.
He said his group “will not let up” on its fight to keep the passed hemp ban language.
“The ban is a major win, but the reaction of the industry proves there is still work to be done,” Sabet said. “This past week showed that keeping these dangerous drugs off of gas-station shelves and out of the hands of kids is a massive bipartisan priority for lawmakers: The Senate voted 76-24 our way on this. That’s a clear, loud signal that the wind is at the backs of people fighting for real public health.”
As for specific actions the group plans to take, Sabet pointed to a dual approach of advocacy at both the federal and statewide levels.
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“We will be doing anything and everything we can to remind Big Hemp that the American people have firmly rejected them and their dangerous products,” he said. “That includes both protecting this on the federal level as well as a targeted state-by-state advocacy campaign to make sure the ban is enshrined in every state’s law as well.”
The first deadline coming up about the minibus hemp ban is in about 90 days. The FDA will publish a list of all cannabinoids and tetrahydrocannabinol-class cannabinoids known to naturally occur in the cannabis sativa L. plant.