Congress postpones the federal ban on psychoactive hemp‑derived THC products, moving the effective date from November 12 to December 11. A short‑term funding bill signed by President Donald Trump extends the deadline, giving lawmakers extra weeks to weigh regulation instead of an outright prohibition.
Loophole in the hemp law
The 2018 Farm Bill, championed by Republican Senator Mitch McConnell, legalized industrial hemp and defined it as containing less than 0.3% delta‑9 THC by weight. That definition permitted sales of beverages, foods and other items that stayed under the threshold while still delivering intoxicating effects.
Hemp‑derived THC vape oils, gummies, snacks, sodas and similar products flooded the market. They appeared in gas stations, retail stores and even reached teenagers.
At the end of last year, McConnell added a ban to a measure that ended the longest government shutdown. The provision set a 0.4 mg THC limit per container and scheduled the rule for a one‑year delay.
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Industry proposes an alternative
Industry groups propose restricting sales to adults 21 and older, capping THC at 5 mg per package and prohibiting imported cannabis compounds. The proposal aims to balance product availability with public‑health safeguards.
Whitney Economics estimates the ban would slash retail revenue by $28.3 billion. It would also eliminate 225,000 jobs and cut state sales‑tax receipts by $2.1 billion.
Cornbread Hemp says a 5 mg cap preserves its business. A 0.4 mg threshold would force it to shut down.
Jonathan Miller, general counsel for the U.S. Hemp Roundtable, warns that a 0.4 mg limit could also ban non‑psychoactive CBD lotions.
Legal marijuana industry leaders support the ban, saying hemp‑derived THC is unfair competition. They add that after interstate sales halt, products could be sold in intrastate markets governed by local rules.
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