The United States Congress was busy on Sunday, November 9th. They reopened the government and rejected an amendment that would allow the cannabinoid Tetrahydrocannabinol (THC) to be legally allowed in hemp products. Sometimes called “intoxicating hemp”, states where CBD shops are operating under the Farm Bill have grappled with how much THC, if any, should be allowed in hemp products.
On Sunday, the Senate rejected an amendment to a critical spending bill that would have removed language to ban hemp products containing THC. Senators took up the measure from Sen. Rand Paul (R-KY) that he said would prevent the eradication of the hemp market that’s matured since the crop’s federal legalization under the 2018 Farm Bill. The amendment was killed in a 76-24 vote on a motion to table.
Medical marijuana patients will not be affected by the rejection of this bill. Only vape shops, retailers, and hemp producers will be affected.
Under this new bill, legal hemp products would be limited to a total of 0.4 milligrams per container of total THC or any other cannabinoids with similar effects. 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. In addition, the bill states that synthetic or manufactured cannabinoids outside the natural hemp plant would also be illegal to include in hemp products, including many that contain Delta-8, Delta-9, Delta-10, and THCA. This would effectively prohibit most products currently available in CBD stores and retailers. If this bill passes the House and gets a signature from President Donald Trump, the definition of federally legal hemp products will become only industrial hemp and non-intoxicating hemp.
Sen. Mitch McConnell (R-KY), who has championed the prohibition, said “companies have exploited a loophole” in previous legislation he sponsored to legalize industrial hemp. The revision to the law, he argued before making the motion to table Paul’s amendment, will “keep the dangerous products out of the hands of children while preserving the hemp industry for farmers.”
Ahead of Monday’s vote, Sen. Patty Murray (D-WA), the top Democrat on the Senate Appropriations Committee, and Sen. Jeanne Shaheen (D-NH), the party’s top member on the subcommittee that handles agriculture spending, flagged the Paul amendment and notified members that they would be voting against the proposal, signaling to the caucus that they should follow suit.
“The provision in the bill looks to address the wide range of intoxicating hemp products that have showed up in gas stations, vape shops, and online stores,” they said in a one-pager. “These ‘hemp intoxicants’ now make up a huge industry, often operating without rules and regulations and raising new public health and safety concerns.”
In addition to the Senate rejection, companies such as Coca-Cola and a coalition of 50 alcohol distributors oppose the bill as well.
While medical marijuana patients will not be impacted by this federal bill, customers of vape shops and retailers where intoxicating hemp is sold will be impacted. If this bill is passed into law, it would take effect in late 2026 and, in addition to making intoxicating hemp with anything more than trace amounts of THC legal, it would also override existing state regulations, making it illegal in many states that have legal consumable hemp industries.
If you would like to add medical marijuana to your treatment plan and avoid disruption of future hemp bans, please click the button to below to get started.
