Regulation
Trump Signs Bill to Delay Hemp THC Product Ban, Giving Lawmakers More Time to Craft Regulations
The federal recriminalization of hemp THC products, set for November, is pushed to December 11 as Congress weighs regulation over prohibition.
President Donald Trump signed a government funding bill that delays the federal ban on hemp THC products from November 12 to December 11, giving lawmakers more time to develop a regulatory framework instead of prohibition. The delay, supported by the White House and alcohol industry groups, faces opposition from some state attorneys general and congressional Republicans.
President Donald Trump has signed a bill that delays the federal recriminalization of hemp THC products, which was scheduled to take effect on November 12. The provision is part of a government funding bill that keeps the federal government running through December 11, and it moves the hemp product ban's effective date to that same day.
The legislation passed the Senate last month by a vote of 90-6 and cleared the House this week 370-48. The Senate rejected an amendment from Sen. Ted Budd (R-NC) that would have removed the hemp ban delay, tabling it in a 61-32 vote.
Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill. But late last year, Trump signed legislation redefining hemp so that only products with 0.4 milligrams of total THC per container would remain legal after November 12. The new delay contains a carve-out allowing immediate recriminalization on November 12 of synthetic cannabinoids that cannot be naturally produced by the cannabis plant.
The White House has supported the delay, with Centers for Medicare and Medicaid Services Director Mehmet Oz warning senators that removing the delay would undermine an initiative to cover hemp-derived products through Medicare. The administration has also pushed back on suggestions that the president's support benefits the son-in-law of Trump's chief of staff, saying the advocacy is in the best interest of the American people and aimed at helping veterans and others who use hemp products for medical purposes.
Industry groups are divided. The Beverage Alcohol Merchants Coalition, whose members include Total Wine & More and BevMo! by Gopuff, supports the delay and wants a federal framework for low-dose hemp-derived THC beverages. The Wine & Spirits Wholesalers of America has also backed regulation over prohibition. However, a bipartisan coalition of 35 state and territory attorneys general urged Congress not to reverse the ban, saying the forthcoming prohibition protected consumers and preserved legitimate hemp markets.
Lawmakers are now turning to crafting regulations. Rep. James Comer (R-KY) is circulating legislation to delay the ban and institute packaging, testing, and age requirements. Rep. Andy Barr (R-KY) has filed a broader proposal with manufacturing, labeling, sales, and taxation rules, including an age limit of 21. A Senate companion bill is expected soon, likely from Sens. Tim Sheehy (R-MT) and Amy Klobuchar (D-MN).