State of hemp: Navigating changing definitions and beyond
On Nov. 12, President Donald Trump signed the Congressional bill that will fund the U.S. government into the new year, ending an unprecedented 42-day government shutdown.
The bill is largely a stopgap continuing resolution (CR), setting up another voting deadline for the end of January.
Recent NPR coverage noted, “In addition to extending last year’s spending levels through the end of January for most of the government, the bill provides funding for some agencies through the end of next September, including payments for the Supplemental Nutrition Assistance Program (SNAP). The program, which provides food aid to nearly one in eight Americans, has been mired in a court battle because of the shutdown. The bill includes a measure to reverse layoffs the Trump Administration imposed during the shutdown, provides backpay for federal employees and institutes protections against further layoffs.”
Uncertainty will extend through the holidays and into the new year in light of the upcoming promised votes on healthcare and the looming need to fund additional appropriations prior to the January deadline – but for a few other reasons as well.
The country’s hemp supply chain and lobbying apparatus is weighing the fallout of a late-hour provision added to the now-passed funding bill widely banning any hemp products containing specific levels of THC in them, which many fear would fundamentally alter the industry as it has existed since the legalization that the 2018 Farm Bill brought to the table. That bill made hemp a regulated commodity and removed it from the DEA’s schedule of controlled substances. Proponents expressed concerns over “intoxicating THC levels” and a general lack of regulation for the estimated $28 billion industry.
However, the provision was not without pushback. In Senate floor remarks shared to his office’s website, Sen. Rand Paul (R-KY) said, “Instead of a clean CR, this bill contains language that has been airdropped in that will destroy hemp farming in Kentucky and across the United States … My amendment would strip [that] provision [from the CR] … The bill as it now stands overrides the regulatory frameworks of several states, cancels the collective decisions of hemp consumers and destroys the livelihoods of hemp farmers. And it couldn’t come at a worse time for America’s farmers – times are tough for our farmers. Farmers’ costs have increased as the price of fertilizer and machinery have jumped while prices for their crops like soybean, corn, wheat have declined. For many farmers, hemp has proved to be a lifeline – a new cash crop. Farmers turned to growing hemp to mitigate the losses they’ve endured during this season of hardship. That lifeline may soon be extinguished by this very legislation.”
Paul then reacted to some defenses of the provision, stating that he and industry leaders were proponents of networking to police “bad actors” in the industry who abuse THC concentrations and to get rid of synthetic cannabinoids – regulation, not prohibition – but continuing proposals working towards a compromise have been ignored.
“This bill’s per-serving THC content limit would make illegal any hemp product that contains more than 0.4 milligrams,” he continued. “That would be nearly 100% of the existing market… [It] amounts to an effective ban because the limit is so low that the products intended to manage pain or anxiety will lose their effect.
“The states have done what they’re supposed to. The states have instituted laws. Twenty-three states have instituted laws on hemp. None of them have limits anywhere close to what is being proposed in this bill. So, what will happen is – most of the things that your states have regulated are regulating and have made legal will be made illegal by this bill,” Paul said.
The senator then went on to cite examples of state level hemp laws for Minnesota, Utah, Louisiana, Alabama, Georgia and Tennessee – all have allowances for 5 mg+ of THC content in their products. Just as an example, the new provision would seem to strike all of those allowances.
However, though the provision has now been signed into law as part of the appropriations package, all is not lost according to industry leaders.
“While disappointed, the hemp industry is not defeated,” a recent press release from U.S. Hemp Roundtable stated. “Hemp was able to secure a major concession – 365 days before the language will go into effect. The hemp industry now has until November 13, 2026 to help the 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.”
by Andy Haman
