Sales of intoxicating hemp products like delta-9 drinks and THCA flower are booming across the country. The goods are particularly popular in states without legal marijuana markets. Some states, like Texas and California, are moving to restrict hemp THC outright—and now, a federal ban is seemingly in the works.
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Members of a Republican-led House committee are seeking to close the perceived loophole in the Farm Bill that allowed for the proliferation of intoxicating hemp. The proposal is part of a larger spending bill put forth by the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies.
The measure would change the federal definition of hemp if passed. Industrial hemp products like fiber and hemp seeds would remain legal. But products with “quantifiable” amounts of THC or other intoxicating cannabinoids would be banned. The bill doesn’t define how much THC is deemed “quantifiable”, but experts believe it could affect both hemp THC and full-spectrum CBD products since they contain trace amounts of THC.
A press release from the House committee, led by Republican Rep. Andy Harris, praises the provision.
“(The budget) supports the Trump Administration and mandate of the American people by…closing the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products, including Delta-8 and hemp flower, being sold online and in gas stations across the country,” the release reads.
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A similar measure was included in the 2024 spending bill but was ultimately eliminated. The proposal is also in line with an amendment to the most recent Farm Bill, which Congress continues to delay.
Advocates for the hemp industry believe the provision could be devastating for the market, as both business owners and patients will be impacted. Jonathan Miller, general counsel for the U.S. Hemp Roundtable, decried the measure in a press release.
“We are disappointed that Chairman Harris is yet again trying to inappropriately shoehorn a farmer-crushing, job-killing hemp ban into a spending bill,” Miller said. “We are hopeful that this effort fails as it has in the past, but the U.S. hemp industry will be united in working together to defeat this misguided attempt to destroy a market that provides treasured health and wellness products to millions of American consumers.”
The House Appropriations Committee approved the spending bill in a hearing today. The legislation also covers funding for food assistance, farm grants, and other agricultural sectors. The next markup hearing is scheduled for June 11th. While it’s unclear if the bill will remain as written, advocates for hemp are likely mobilizing to fight its advancement.
