Congressional lawmakers sent another clear signal that they intend to halt federal protections for intoxicating hemp-derived THC products when a bill that closes the so-called “hemp loophole” passed the U.S. Senate Appropriations Committee on Thursday.
Although the redefinition of hemp proposed by U.S. Sens. Mitch McConnell and Jeff Merkley would not take effect for one year, it would effectively ban 90% of hemp products on the market, hemp advocates warned.
There’s bipartisan support on Capitol Hill for ending the status quo for hemp-derived THC products under federal law.
The 2018 Farm Bill triggered a nationwide rush of intoxicating hemp-derived products, including drinks and edibles as well as THCA flower.
In the years since, many states have rushed to ban or restrict hemp-derived THC products, but federal lawmakers have yet to follow suit.
McConnell, a Kentucky Republican and the former Senate majority leader who signed the 2018 Farm Bill with a hemp pen, is particularly keen to eliminate the loophole before his retirement.
Redefining hemp under federal law to limit THC, THCA
The fiscal 2026 Agriculture Appropriations Bill, which passed Senate Appropriations on a unanimous 27-0 vote on Thursday, creates separate definitions for “industrial hemp” and “hemp-derived cannabinoid products.”
It also clarifies that total cannabinoid content must account for tetrahydrocannabinolic acid – an oversight in the 2018 Farm Bill that, despite later clarification from the U.S. Department of Agriculture, some hemp operators have used to defend sales of THCA flower.
Under the bill, industrial hemp, which remains legal under federal law, is:
- Cannabis sativa with a “total” THC concentration, including THCA, of 0.3% or less.
- Grown for fiber, fuel, food, or “any other non-cannabinoid derivative” final product.
The definition of “hemp-derived cannabinoid products” would also prohibit both synthetically derived THC, such as delta-8 and delta-10 THC.
Proposal would ban 90% of hemp products
Those changes in federal hemp law would mean most hemp-derived THC products are illegal, said Jonathan Miller, chair of the U.S. Hemp Roundtable.
“A blanket ban on more than 90% of hemp consumable products is not the right path,” he said in a statement, adding that the one-year delay on implementation from Merkley creates “time to fix the language.”
In a statement, Jim Higdon, co-founder of Kentucky-based Cornbread Hemp, pointed to state regulations that impose strict age-gating and product-safety requirements – but still allow adults to access products with hemp-derived THC.
“We agree with Sen. McConnell that the current state of the hemp market falls short of the promise made by the 2018 farm bill, but we disagree with his remedy,” he said.
“We can solve this problem without banning all hemp products.”
The Senate language mirrors a June proposal from House Republicans that, as written, would similarly ban most hemp-derived THC products on the market.
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