Federal Hemp THC Ban Passed as Part of Government Funding Deal
In late November 2025, Congress approved a year‑long funding package for the Department of Agriculture that included a last‑minute provision banning the sale of hemp‑derived products containing more than 0.4 milligrams of tetrahydrocannabinol (THC). The measure, signed into law by President Donald Trump, effectively prohibits virtually all consumable hemp items nationwide unless lawmakers act to reverse it.
What the Funding Package Includes
The THC limit mirrors the threshold already applied to delta‑9 THC under the 2018 Farm Bill, but it extends the restriction to other hemp cannabinoids such as delta‑8 and delta‑10. Proponents argue the change closes a regulatory “loophole” that allowed a surge of high‑potency THC products to enter the market without federal oversight. Unless Congress amends the language, the ban will take effect one year after the funding law’s enactment.
Texas Lawmakers’ Split Reactions
Texas’ congressional delegation was divided on the issue. Senator John Cornyn supported the ban, voting against an amendment that would have stripped the hemp language from the bill. In contrast, Senator Ted Cruz joined two other Republicans in backing the amendment, asserting that hemp and marijuana regulation should remain a state responsibility rather than be dictated by a uniform federal standard.
Several House members echoed similar sentiments. Representative Dan Crenshaw (R‑Houston) said he preferred that any hemp policy be decided at the state level but voted for the funding package to avoid a government shutdown. Representative Troy Nehls (R‑Richmond) agreed, emphasizing that reopening the government took precedence over the hemp debate. Meanwhile, Representatives Keith Self (R‑McKinney) and Pete Sessions (R‑Waco) praised the provision, with Sessions calling it a necessary step to curb “intoxicating and dangerous high‑potency THC products like Delta‑8” that have flooded communities.
Background: State‑Level Debate Over THC Products
The federal move revives a conflict that earlier in 2025 pitted Lieutenant Governor Dan Patrick against Governor Greg Abbott. Patrick had championed a statewide ban on all THC‑containing products, while Abbott vetoed that legislation, opting instead for an executive order that imposed age restrictions and safety standards but stopped short of a total prohibition. The 2019 Texas law, which mirrored the 2018 Farm Bill, permits hemp products with only trace amounts of delta‑9 THC but does not set a similar limit for other cannabinoids, a gap that critics say the industry has exploited.
According to a September 2025 poll by the Texas Politics Project at the University of Texas at Austin, a majority of Texas Republicans favor maintaining or loosening current marijuana laws rather than imposing stricter bans. This sentiment underscores the tension between state‑level preferences and the newly imposed federal restriction.
Industry and Advocate Responses
Hemp business groups warn that the federal ban could dismantle Texas’ estimated $8 billion hemp sector, which supports thousands of jobs in cultivation, processing, and retail. Heather Fazio, director of the Texas Cannabis Policy Center, called the move a step backward, stating that “banning it and sending us back into an era of prohibition is going to cause far more harm than good.” She advocates for science‑based regulation rather than outright prohibition.
The Texas Hemp Business Council echoed those concerns, noting that millions of Americans have relied on hemp‑derived products since their federal legalization in 2018. The council pledged to pursue all available legal and legislative avenues to overturn the ban and restore a framework that protects minors, ensures product safety, and preserves economic opportunities created by the 2018 Farm Bill.
Looking Ahead
With the ban set to take effect in roughly a year unless Congress revises the language, stakeholders on both sides are preparing for a protracted legal and political battle. State officials may seek to challenge the federal preemption, while industry leaders are likely to lobby for exemptions or stricter but less restrictive standards. The outcome will shape not only the future of hemp commerce in Texas but also the broader national conversation about cannabis regulation and states’ rights.
For the original reporting, see the source: Here
