This provision closes a loophole that allowed the sale of hemp-derived products containing THC. Even products that don’t advertise their THC content can still face legal issues.
Nationwide ban on hemp products included in end-of-shutdown bill
Find out what this bill could mean for hemp products if signed into law.
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The government’s reopening bill also includes strict new rules for hemp products, which critics say could outlaw mainstream drinks, creams, gummies, oils and e-cigarettes.
This provision closes a loophole in the 2018 Farm Bill that allowed the sale of hemp-derived products containing tetrahydrocannabinol (THC).
THC is the substance primarily responsible for marijuana’s trademark psychological effects. Hemp is a plant related to marijuana, but produces much lower amounts of THC.
The 2018 law created an entire industry to include products sold for health reasons (often with terms like “hemp” or “CBD” in the description) and products sold as marijuana substitutes (sometimes sold in vape stores).
The new law will reduce the amount of THC contained in hemp products. Even products that do not advertise their THC content may face legal liability.
“Unfortunately, the ban will include many mainstream CBD drinks, gummies, and creams,” Dr. Jeffrey A. Singer, senior research scientist at the Cato Institute, said in an email to USA TODAY.
“Only ultra-pure isolates will meet the new criteria, and they represent a small share of the market,” Singer said.
Like the settlement bill as a whole, the marijuana provisions were not without criticism. Sen. Rand Paul, Republican of Kentucky, said the provision is like a “ban.”
Sen. Mitch McConnell, also a Kentucky Republican, supported the bill’s language, saying it was aimed at closing a loophole in a 2018 law he supported at the time that allowed products with intoxicating properties to inadvertently enter the market. He said he wants to protect children from intoxicating products like those marketed to look like Oreos and other children’s foods.
Jonathan Miller, general counsel for the U.S. Hemp Roundtable, said the new rules would ban more than 95% of all hemp-derived products, including many products that are not intoxicating.
What is hemp? How is it different from cannabis?
Hemp and marijuana are two plants from the same cannabis genus, but marijuana contains more tetrahydrocannabinol, known as THC.
There are a wide range of hemp products on the market that contain THC and cannabidiol (CBD), including tinctures and oils, tablets and capsules, balms, edibles, and beverages. These products are used for a variety of conditions including anxiety, joint pain, muscle pain, headaches, insomnia, and PTSD.
There are also ways to process hemp plants to achieve effects that mimic marijuana. This has given rise to a whole “marijuana lite” or “diet cannabis” industry, with terms like Delta 8 and Delta 10 popping up.
What products will be banned?
The bill would ban any product with more than 0.4 milligrams of THC, which Miller said would mean more than 95% of all hemp extract products would be banned, including many products that don’t have an intoxicating effect.
Singer said the ban would recriminalize a product that was legalized in the 2018 Farm Bill through the “hemp loophole.”
Products on the chopping block will include Delta-8 and Delta-10 gummies, THC-infused beverages, vaping products and THCA “hemp flower,” Singer said.
“Most CBD products cannot survive unless they contain substantial THC,” Singer told USA TODAY in an email.
Impending ban brings hemp industry to a standstill
The impending ban could have a significant impact on communities where hemp-based consumer products are a source of employment and form an entire industry grown by farmers, USA TODAY Network reports.
Jim Higdon, co-founder of Louisville-based Cornbread Hemp Co., told the Louisville Courier-Journal that he is preparing for the grand opening of the new 25,000-square-foot facility. The six-year-old company makes oils, topicals and gummies containing CBD, as well as gummies and seltzers infused with trace amounts of hemp-derived THC. The facility has approximately 100 employees, is expected to generate $50 million in sales in 2025, and will soon open to the public with retail and tours.
“Come see it while it’s legal,” Higdon joked, adding that he wouldn’t go quietly and was planning on heading to Washington.
Lee Van Tine II owns Apotheca Cannabis Dispensaries in Gastonia, North Carolina. He sells hemp products online and said he has operations in multiple states and has more than 300,000 customers.
“We’ll lose 98% of our sales. It’s over, it’s over, we’re bankrupt. 400 jobs at my company are gone,” he told the Gaston Gazette.
When will the ban come into effect?
The ban will go into effect on November 13, 2026, one year after the bill is signed.
What’s next?
The U.S. Hemp Roundtable, a coalition of companies and organizations “committed to safe hemp and CBD products,” says it is working with lawmakers, including Republican Rep. Morgan Griffith of Virginia and Sen. Ron Wyden and Sen. Jeff Merkley, both Democrats of Oregon, to develop regulations that address concerns about high or irregular THC content, synthetic ingredients, counterfeit products, and marketing and packaging that appeals to minors.
Contributor: Zachary Schermele, USA TODAY. Lucas Allbach and Olivia Evans, Louisville Courier-Journal. Kara Foner, Gaston Gazette
