WASHINGTON — The U.S. Senate has approved a sweeping federal ban on hemp-derived intoxicating cannabinoids, including Delta-8 THC, HHC, and THCA, as part of a last-minute deal to reopen the government.
The 60-40 vote on the continuing resolution included controversial language that redefines “hemp” under federal law — tightening the THC limit and banning products created through chemical conversion or extraction. The change, if passed by the House and signed into law, would effectively outlaw nearly every hemp product currently sold in gas stations, smoke shops, and online retailers across the country.
Under the new definition, hemp must contain less than 0.3% total THC — including Delta-9 and THCA combined — and any hemp-derived product cannot exceed 0.4 milligrams of total THC per container. That limit applies to all vapes, gummies, drinks, tinctures, and pre-rolls, effectively banning most consumer products on the market.
The bill also prohibits cannabinoids that were “synthesized or manufactured outside the plant,” a move that targets Delta-8 and similar compounds made from CBD through chemical processes. Those products, once considered legal under the 2018 Farm Bill, would now fall under the federal Controlled Substances Act and be treated as illegal marijuana.
“This language sends a clear message that intoxicating hemp was never the intent of Congress,” said Luke Niforatos of Smart Approaches to Marijuana, one of the organizations lobbying for the change.
Opponents say the measure would devastate a multibillion-dollar industry. The U.S. Hemp Roundtable estimates that 95% of the hemp market would be wiped out, along with 320,000 jobs and $1.5 billion in state tax revenue.
“This is DEFCON-1 for hemp,” the group said in a statement. “Recriminalizing hemp will shutter American farms and businesses, forcing the industry underground.”
Sen. Mitch McConnell (R-Ky.), who originally championed the 2018 Farm Bill legalizing hemp, now argues the law went too far, saying it unintentionally opened the door to unregulated, lab-made drugs being sold with no safety oversight. Sen. Rand Paul (R-Ky.) is pushing back with an amendment to remove the hemp ban language, warning it would “kill an entire industry.”
The bill includes a 365-day grace period for compliance if enacted. That gives hemp businesses one year to restructure, challenge the law in court, or shut down altogether.
Advocates predict immediate lawsuits challenging the law’s vague language — especially its 0.4 mg limit and delegation of “similar cannabinoid” authority to the Department of Health and Human Services.
When approved by the House President Trump has indicated he “supports the current language” — signaling the likely end of America’s hemp boom.
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