Kentucky Lawmakers Push for Delay of Hemp THC Limits While Proposing Federal Framework
In mid‑November 2026, a federal rule will prohibit the sale of any hemp‑derived product that contains more than 0.4 milligrams of THC per container. The impending deadline has sparked concern among Kentucky’s hemp growers and processors, who warn that the threshold could effectively outlaw many CBD and low‑THC items that are currently legal under the 2018 Farm Bill.
The Upcoming Ban and Industry Concerns
Sen. Rand Paul (R‑KY) and Rep. James Comer (R‑KY) have publicly urged Congress to extend the deadline by several years, arguing that the current limit would jeopardize a burgeoning sector that contributed over $1.2 billion to the state’s economy in 2025, according to the Kentucky Department of Agriculture. Industry leaders say the rule as written would also capture many full‑spectrum CBD products, which often exceed the 0.4 mg THC limit per container despite staying below the 0.3 % dry‑weight threshold for hemp.
Barr’s Lawful Hemp Protection Act
Rep. Andy Barr (R‑KY) introduced the Lawful Hemp Protection Act to create a national regulatory structure for intoxicating hemp products. The bill’s key provisions include:
- Raising the allowable THC concentration in hemp from 0.3 % to 1 % on a dry‑weight basis.
- Requiring continuous testing throughout cultivation, manufacturing, and packaging.
- Mandating that all consumable hemp products be grown, processed, and packed in the United States.
- Prohibiting the use of synthetic cannabinoids.
- Setting a minimum purchase age of 21 for any hemp‑derived intoxicant.
- Imposing taxes based on both retail price and THC potency of beverages.
- Banning “bright‑colored” packaging and labels that feature characters, animals, vehicles, candy, or fruit imagery in an effort to reduce appeal to minors.
Barr emphasized that Kentucky’s existing pilot programs have shown that hemp can be regulated responsibly while supporting farmers and protecting consumers. The legislation is co‑sponsored by Rep. Angie Craig (D‑MN), reflecting a bipartisan effort to address concerns from both sides of the aisle.
Political Dynamics and Administration Signals
Sen. Mitch McConnell’s extended hospitalization since June 14 2026 has kept him off the Senate floor, complicating the legislative calendar for a chamber where Republicans hold a slim majority. McConnell’s earlier addition to a continuing resolution in 2025 established the looming THC limit, and his office has not yet commented on Barr’s proposal.
The Trump administration has issued mixed signals. An executive order calling for expedited marijuana rescheduling was cited by a White House official as the administration’s stance on hemp policy, while President Donald Trump’s April 2026 post on Trump Social highlighted support for “hemp‑derived CBD” without addressing higher‑potency products. Jonathan Miller, general counsel for the U.S. Hemp Roundtable and former Kentucky state treasurer, noted that the administration appears eager to resolve the issue for hemp farmers but may not endorse every detail of Barr’s bill.
Industry Response and Path Forward
Joe Gerrity, CEO of Crescent Canna and a board member of the U.S. Hemp Roundtable, stressed that an extension of the ban is a prerequisite for meaningful reform. “Given the short window before the November deadline, the most realistic path is to first secure a moratorium, then allow Congress time to refine a framework that benefits small businesses, protects consumers, and addresses concerns about product availability,” Gerrity said.
Miller echoed that view, acknowledging that while the Lawful Hemp Protection Act is a solid starting point, adjustments will likely be needed to garner broad support. He added that the upcoming extension would give legislators the opportunity to incorporate stakeholder feedback and produce a bill that can clear both chambers.
As the debate continues, Kentucky’s hemp stakeholders remain watchful, hoping that a combination of a timely deadline extension and a workable federal framework will preserve the industry’s growth while ensuring safety and compliance.
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