The Oddest Time To Ban Hemp: While Re-Opening The Government
TL;DR: The Senate’s shutdown deal includes language that would effectively outlaw most intoxicating hemp products nationwide in a year. An amendment from Sen. Rand Paul to remove that language failed; Sen. Ted Cruz supported the amendment alongside Democrats. The proposal uses a “total THC” rule with a ~0.4 mg cap per product—so strict that it could sweep in even many CBD items that contain only trace THC. Alcohol trade groups are split, with some pushing for a ban and others asking Congress not to. Whatever you think about hemp, burying a decision of this magnitude inside a must-pass funding bill shuts down public debate. Business of Cannabis+3Politico+3Marijuana Moment+3
What just happened
To end the shutdown, the Senate advanced a package that redefines hemp and sets a “total THC” cap of roughly 0.4 mg per product, which would effectively ban nearly all intoxicating hemp products (Delta-8, Delta-9 beverages, etc.) after a one-year runway. Multiple outlets and industry groups say this would wipe out the bulk of today’s market. Houston Chronicle+2Business of Cannabis+2
Sen. Rand Paul offered an amendment to strip the hemp language; Ted Cruz and 22 Democrats supported that effort, but the amendment failed and the broader package moved forward. Marijuana Moment+1
If the House now passes the same deal, this federal rule would kick in on a one-year delay. Cannabis Business Times
Why this is so ironic
For years, states and Congress have debated how to handle hemp after the 2018 Farm Bill left us with a messy “less than 0.3% by dry weight” standard. During that time, millions of adults—including veterans and seniors—openly used hemp products, and retailers built age gates and ID checks in many places. Whatever your view, this has been a public conversation. Slipping a nationwide ban into a continuing resolution (CR) short-circuits that conversation at the exact moment people finally understand the differences between cannabis categories. Politico
Will this also hit CBD?
The proposal targets “intoxicating hemp,” but the mechanism is a tiny total-THC cap. Because many CBD products contain trace THC, advocates warn a strict cap could sweep up parts of the CBD category, not just Delta-8/Delta-9 drinks and edibles. Even CDC and FDA say CBD isn’t risk-free and needs real standards—but that’s an argument for sensible regulation, not an indiscriminate cap in a budget bill. Business of Cannabis+2CDC+2
“This is about protecting kids,” right?
Kids should be protected—full stop. States and public-health groups have flagged real concerns about youth access and inconsistent labeling. Poison-control data and state advisories exist and should be taken seriously. But the fix most experts and many lawmakers discuss is age limits, packaging rules, testing, and enforcement, not a blanket federal ban rammed through a funding vote. Foley Hoag+2Missouri Department of Health+2
Who’s pushing for this?
It isn’t just safety advocates. Big alcohol trade associations recently urged Congress to pull hemp-THC products from the market “until” there’s a federal framework—while a large group of alcohol distributors said the opposite: don’t ban them; regulate and tax them like alcohol. The lobbying is loud—and split. Some cannabis-industry voices also favor narrowing hemp to protect state-licensed programs. All of this underscores the point: big, conflicting interests are being hashed out inside a shutdown deal, not in daylight rulemaking. Marijuana Moment+2Marijuana Moment+2
Kentucky, Texas, North Carolina… everyone’s affected
Coverage from mainstream outlets shows why this isn’t a niche story. Politico described the hemp rule as a real obstacle in the shutdown talks. The Houston Chronicle and Chron reported the vote dynamics and the one-year implementation window, with Cruz opposing the ban and Cornyn supporting it. WRAL detailed how NC retailers could lose “99%” of inventory under a 0.4 mg cap. This is national—and immediate if the House agrees. WRAL.com+3Politico+3Houston Chronicle+3
The better path (that Congress skipped)
There is a reasonable middle ground that many states are already implementing: 21+ age gating, potency caps per serving, child-resistant packaging, clear testing/labeling, and enforcement against bad actors—with room for low-dose beverages and non-intoxicating CBD to coexist. That is the debate we should be having—not an industry-wide shutdown via appropriations. Politico
What readers can do
- Call your U.S. Representative today. Ask them to remove the hemp ban language from the shutdown package and instead pursue a transparent, standalone bill that creates age limits, testing, packaging, and labeling standards.
- Key points to mention: This is about process and proportionality. Don’t end a legal market used by veterans and seniors without hearings or a real cost-benefit analysis. Regulate it; don’t erase it in a budget rider. (Note: some districts—like ours—may be a hard “no,” but calls still get counted.)
Sources & further reading
- Politico on how the hemp rule complicated the shutdown deal. Politico
- Houston Chronicle/Chron on the vote and 0.4 mg cap, with a one-year delay. Houston Chronicle+1
- Marijuana Moment on the failed Rand Paul amendment. Marijuana Moment
- Cannabis Business Times & U.S. Hemp Roundtable on projected industry impact. Cannabis Business Times+1
- CDC/FDA on CBD risk profile and the need for standards (context on regulation vs. ban). CDC+1
- Attorneys general letters & state advisories on youth risk (why real regulation matters). Foley Hoag+1
- Alcohol-industry letters on both sides of the issue. Marijuana Moment+2Marijuana Moment+2
- WRAL on the likely impact in North Carolina. WRAL.com
Related reading:
Echoes of Prohibition: What Today’s Hemp Ban Reveals About Power and Panic
A look back at America’s first big ban — how moral panic, money, and politics worked together to outlaw alcohol, and what that history can teach us about the new hemp crackdown.