Lawmakers Split on Regulating Hemp THC Products After Trump Signs Delay of Scheduled Ban

President Donald Trump has signed a bill delaying the federal recriminalization of most hemp THC products from November 12 to December 11, prompting Republican lawmakers to debate whether to regulate the products or ban them entirely. Rep. Beth Van Duyne (R-TX) is pushing a bill to tax and regulate hemp THC drinks like alcohol, while Rep. Morgan Griffith (R-VA) wants broader regulation with third-party testing. Rep. Andy Harris (R-MD) opposes any delay, saying existing law should stand to protect children.

President Donald Trump has signed a funding bill that delays the scheduled federal recriminalization of most hemp THC products from November 12 to December 11, giving lawmakers more time to craft regulations for hemp derivatives. The delay has intensified a debate among Republican lawmakers over how—and whether—to regulate the products as an alternative to prohibition.

Rep. Beth Van Duyne (R-TX) is sponsoring a bill to keep hemp THC drinks legal while taxing and regulating them like alcohol. She described the market as a "burgeoning industry" and said her view is to "let people have the choice" to use the products or not, even though she has "never had a hemp beverage in my life." Van Duyne said the White House is taking the issue seriously and that her bill "does not take away from states' rights" to make the products legal or illegal.

Rep. Morgan Griffith (R-VA), who filed a bill this Congress to regulate hemp cannabinoid products, said his legislation is "darn close to what we need to do" but that there could be compromise with other approaches. He wants to see the White House weigh in now that the ban's effective date has been extended. Griffith emphasized the need for third-party testing, saying, "In the meantime, the products are out there doing bad things to people who don't understand how much THC they're getting."

Rep. Andy Harris (R-MD), a leading opponent of marijuana reform who championed the 2025 law that redefined legal hemp, sees no need for new regulations. "We gotta stop poisoning children—it's that simple," Harris said, arguing that the newly enacted delay just means "they're poisoning children for one more month." He said the existing statute is sufficient and that the delay is "to make money for billionaires and poison children."

Van Duyne said her beverage bill addresses the core concerns of Harris and senators worried about intoxicating hemp products by stopping marketing to kids, adding regulations, taxing the products, ensuring they are not synthetic, and limiting the amount per serving. Griffith acknowledged disagreement with Harris but said they have talked about the issue.

Rep. Dave Joyce (R-OH), co-chair of the Congressional Cannabis Caucus, said the federal government needs to figure out how to more broadly regulate cannabis. He pointed to a bill he filed with House Minority Leader Hakeem Jeffries (D-NY) that would create a commission to recommend a regulatory system for marijuana modeled on alcohol. "We do it with beer, we do it with wine and spirits. Why can't we do it with cannabis?" Joyce said.

The Senate last month rejected an amendment from Sen. Ted Budd (R-NC) that would have removed the hemp ban delay provision from the funding bill, tabling it in a vote of 61-32, and passed the overall legislation 90-6. The House vote on the bill this week was 370-48. Harris and a handful of congressional Republicans threatened to upend their leadership's agenda in protest of the delay advancing, but they did not succeed.