Regulation

Bipartisan Lawmakers Push to Regulate Hemp THC Products as Federal Ban Delayed

House and Senate members from both parties are advancing legislation to establish federal rules for hemp-derived THC products after a scheduled ban was postponed until December.

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Following House approval of a funding bill that delays a federal ban on most hemp THC products until December 11, bipartisan lawmakers are intensifying efforts to craft long-term regulations. Senators and representatives are introducing bills to keep hemp-derived beverages and other products legal while imposing age limits, testing, and labeling requirements.

Bipartisan lawmakers in both chambers are turning their attention to regulating hemp-derived THC products now that a scheduled federal ban has been delayed. The House on Tuesday approved a Senate-passed funding bill containing provisions that push back the effective date of most parts of the hemp product ban from November 12 to December 11, with an exception for synthetic cannabinoids.

Sen. Tim Sheehy (R-MT) highlighted the importance of hemp products for his state's farmers and for veterans and seniors seeking alternatives to opioids and alcohol. "We're trying to regulate the industry so that only adults can access these beverages, they are FDA approved and healthy," Sheehy said in a video posted after meeting with hemp industry members.

Sen. Amy Klobuchar (D-MN) called the House vote "good news for Minnesota’s farmers, brewers, small businesses, and customers," and urged President Trump to sign the bill immediately. She said the delay would provide certainty and give Congress time to find a long-term solution.

Sen. Tina Smith (D-MN) noted that Minnesota has created one of the strongest regulated systems for hemp products in the country. "Adults should have the freedom to purchase a THC beverage if they want to," she said, adding that the initial ban would have hurt farmers and breweries.

Rep. Morgan Griffith (R-VA) touted his HEMP Act, which aims to establish federal guardrails for hemp products. "American producers and consumers deserve nothing less than a system that upholds oversight, responsibility and safety," he said.

Other proposals include a bill from Reps. Beth Van Duyne (R-TX) and Greg Landsman (D-OH) to tax and regulate hemp THC drinks like alcohol, and a draft from Rep. James Comer (R-KY) that would delay the ban and institute packaging, testing, and age requirements. Rep. Andy Barr (R-KY) has filed a lengthier bill with manufacturing, labeling, sales, and taxation rules, including a 21 age limit.

The delay provision, supported by the White House, allows the immediate recriminalization of synthetic cannabinoids that cannot be naturally produced by the cannabis plant. Lawmakers from both parties are now focused on crafting a permanent regulatory framework before the new December deadline.