A federal law set to take effect on December 11, 2026, will ban most hemp-derived THC products, threatening a $28 billion industry and 225,000 jobs. The ban, inserted into a 2025 funding bill by Sen. Mitch McConnell, closes a loophole in the 2018 Farm Bill that allowed hemp products to contain high THC levels. While the hemp industry lobbies for compromises like age restrictions, the regulated marijuana sector argues the loophole was exploited. Companies are diversifying or closing as the deadline approaches.
The US hemp industry is urgently lobbying to prevent a federal ban that would limit THC in hemp products to 0.4 milligrams per container, a threshold that would effectively destroy the market for intoxicating edibles and beverages. While the ban, inserted into a government funding measure last year, is set to take effect in December, industry advocates are proposing compromises such as age restrictions and import bans to save their businesses. Opponents, including the regulated marijuana sector, argue the industry built its success on a legal loophole and that the economic impact is overstated.
As a Sept. 30 funding deadline looms, the Trump administration and hemp-industry advocates are pressing to delay a mid-November ban on intoxicating hemp products by attaching language to a must-pass funding bill, with promises to finalize new rules. House Republicans seek changes before passage, while some lawmakers warn against a shutdown over the issue. Industry leaders expect a temporary regulatory bridge—such as age restrictions, tighter manufacturing and labeling rules, and import controls—to avert a full ban while regulations are completed.
The Senate rejected Sen. Budd’s attempt to recriminalize hemp-derived products by a November deadline and instead backed a continuing resolution that pushes the hemp prohibition back to December 11, with a carve-out allowing immediate recriminalization of certain non-naturally produced synthetic cannabinoids on November 12. Proponents say the delay buys time to craft a federal regulatory framework for low-dose hemp products, while the White House and CMS warn about impacts on Medicare coverage and consumer safety. House lawmakers had already passed a CR without hemp changes, and a wave of bills proposing delays and regulations are circulating in both chambers, though none have gained traction yet.
The White House flips on a hemp-ban policy tied to a stopgap funding bill, with Susie Wiles—Trump’s longtime aide nicknamed the “ice maiden”—at the center amid scrutiny over ties to an in‑law’s hemp business. While the White House denies lobbying on hemp, lawmakers voice confusion and debate whether to delay or enforce the ban, leading to tense exchanges in meetings and highlighting a growing MAGA internal rift over the issue.
MS NOW reports that a White House reversal to delay the hemp ban could benefit Susie Wiles’ son-in-law, Bret Worley, CEO of MC Nutraceuticals, a major hemp-products maker; the White House says Wiles or Worley had no role, but the delay could influence stopgap funding talks and has drawn GOP skepticism after NYT noted MC Nutraceuticals’ messaging about industry influence.
Senate Republicans are debating a White House–backed one-month delay to the hemp-derived THC ban as part of a stopgap funding bill; Sen. Budd's amendment to remove the delay is gaining support, while White House liaison James Braid pledged no further delays beyond the measure. The dispute highlights GOP infighting ahead of votes and the August recess, with a separate clash over Sen. Cruz's college sports bill also in play.
The White House is pushing a three-week delay to the intoxicating hemp ban as part of a bipartisan stopgap funding bill, a move that Republicans are vocally criticizing because the delay would affect a hemp business run by a family member of White House chief of staff Susie Wiles.
Hundreds of protesters packed the North Carolina Capitol as Republicans pushed HB 328 to ban most intoxicating hemp products and impose stricter age limits, with the measure having passed the Senate and a House vote delayed. Gov. Josh Stein backs some provisions but opposes a near-total ban, while law-enforcement groups back stricter controls and hemp-industry onlookers warn of economic disruption as lawmakers decide the bill’s fate alongside budget and elections changes.
Sen. Ted Budd (R-NC) says he will file an amendment to the current continuing resolution to strip out a provision that delays the November recriminalization of hemp-derived products, effectively aiming to keep the hemp ban on track; the CR (H.R. 6500) would delay the ban to December 11 with a carve-out for certain synthetics, while lawmakers from both parties push competing bills to regulate rather than prohibit hemp products and industry groups advocate for a regulatory framework.
A Senate continuing resolution includes provisions to delay the federal recriminalization of hemp-derived products, including low-dose hemp THC beverages, until December 11 and allows a carve-out for synthetic cannabinoids. The move is praised by BAMCO and other alcohol-industry groups, who want hemp drinks integrated into the existing three-tier system with testing, labeling, and taxation. House bills seeking delay and regulation are circulating, and the White House has signaled support for a regulatory framework, while lawmakers from both parties are pursuing various bills to avert the ban.
Three hemp retailers and a distributor filed a federal lawsuit in the Southern District of Texas alleging that Texas's ban on hemp-derived THC products (including delta-8 and delta-10) violates the 2018 Farm Bill and unduly burdens interstate commerce; they seek a temporary restraining order and preliminary injunction as state officials reclassify hemp-derived THC as Schedule I, while delta-9 products under 0.3% remain legal, and thousands of licensed stores could be affected.
A new federal rule taking effect Nov. 12 caps total THC per container at 0.4 mg, banning many hemp-derived drinks and edibles and potentially forcing layoffs and store closures in Florida. Supporters argue the cap helps prevent intoxicating products from reaching children, while retailers warn it could wipe out most inventory and threaten livelihoods; lawmakers have introduced bills to delay or overturn the rule, with the industry seeking ways to cope as November approaches.
The Senate Appropriations Committee’s continuing-resolution bill would push back the planned federal recriminalization of hemp-derived products to December 11 (from November 12) and carve out a carve-out for synthetic cannabinoids, while funding federal agencies through December. Advocates say the delay gives time to push for a regulatory framework instead of an outright ban, though the House has not included similar hemp provisions and both chambers must agree. Separately, lawmakers from both parties are circulating bills to delay or regulate hemp products, with White House officials expressing support for a regulatory approach. President Trump has urged Congress to delay or revise the ban, and CMS is implementing an initiative affecting hemp-CBD products for seniors, as retailers expand hemp-derived beverages and related products.
