Federal hemp THC protections appear safe amid Senate dispute

A U.S. Senate proposal to redefine hemp under federal law to exclude products with intoxicating levels of THC appears dead.

Language that would ban popular hemp‑derived THC drinks, gummies and other products under federal law was removed from a spending bill Tuesday amid a standoff between Republican Sens. Mitch McConnell and Rand Paul, Politico reported.

McConnell is the former Senate majority leader who signed the 2018 Farm Bill into law using a hemp pen.

Since then, McConnell has had buyer's remorse.

Pressure to close hemp‑derived THC loophole

He and other bipartisan lawmakers have bemoaned the "loophole" that many operators have used to rush cannabis products to the market, claiming they are federally compliant hemp.

In both houses of Congress, lawmakers have pushed language that would redefine hemp under federal law to exclude most products containing THC.

The version of the fiscal 2026 agriculture appropriations bill that a Senate committee approved 27‑0 on July 10 created separate definitions for "industrial hemp" and "hemp‑derived cannabinoid products." It also clarified that total cannabinoid content must account for tetrahydrocannabinolic acid (THCA), closing the loophole some hemp operators used to defend sales of THCA flower. Operators would have one year to comply and wind down sales of products with "quantifiable" THC.

Reprieve for hemp‑derived THC, thanks to CBD?

Critics, including operators in Kentucky's hemp sector, said the upshot would be devastating for the U.S. hemp industry.

Sen. John Hoeven (R‑ND), who chairs the Senate Agriculture‑FDA subcommittee, said the hemp provisions were removed after Paul threatened to block the full bill.

In comments to Hemp Today, Paul warned the bill would also prohibit CBD oil. The prohibition language remains alive in the House, led by Rep. Andy Harris (R‑MD), but without Senate backing, the 2018 Farm Bill protections appear likely to stay in place.