Bipartisan Senate Bill Would Allow States to Opt Out of Federal Hemp THC Ban
A newly filed bipartisan bill in the U.S. Senate seeks to give states and Indian tribes the ability to opt out of a forthcoming federal recriminalization of hemp‑derived THC products. The legislation, known as the Hemp Safety Enforcement Act (S.4315), was introduced on Thursday by Senators Rand Paul (R‑KY), Amy Klobuchar (D‑MN) and Joni Ernst (R‑IA).
Background: The 2018 Farm Bill and the Pending Ban
Hemp derivatives containing less than 0.3 percent delta‑9 THC on a dry‑weight basis were federally legalized under the 2018 Farm Bill, which President Donald Trump signed during his first term. Late last year, however, Trump signed additional legislation that redefines hemp in a way that advocates argue would effectively end the industry. Under that change, only products with 0.4 milligrams of total THC per container would remain legal after November 12, 2026.
According to Senator Paul, the impending ban would “wipe out the multi‑billion‑dollar industry, while depriving individuals of products they depend upon to improve sleep, relieve anxiety, and alleviate pain.”
What the Hemp Safety Enforcement Act Proposes
The bill allows a state or Indian tribe that wishes to retain primary regulatory authority over hemp and hemp‑derived cannabinoid products to submit a notice to the U.S. Secretary of Agriculture. The notice must be filed through the state department of agriculture (in consultation with the governor and chief law‑enforcement officer) or the tribal government, as applicable.
For the opt‑out to take effect, the state or tribe must also “implement a minimum age requirement for the purchase of hemp‑derived cannabinoid products.” The legislation does not specify a particular age limit, leaving that decision to each jurisdiction.
Additionally, the bill would permit interstate commerce between states and tribes that opt out of the national prohibition, provided they maintain the minimum age rule and continue to ban dangerous synthetic cannabinoids that do not naturally occur in the hemp plant.
The full text of the bill is available here: https://www.documentcloud.org/documents/28054302-hemp-safety-enforcement-act/
Statements from the Sponsors
🚨Big News on Hemp: Introducing the Hemp Safety Enforcement Act
Congress’s last-minute revival of hemp prohibition, included in last year’s Continuing Appropriations Act, would ban most hemp products and wipe out the multi-billion-dollar industry, while depriving individuals of…
— Senator Rand Paul (@SenRandPaul) April 16, 2026
3/ My Hemp Safety Enforcement Act creates an ‘opt-out’ so states can continue regulating hemp themselves, as long as they maintain a minimum age for purchase and keep the ban on dangerous synthetic cannabinoids that don’t naturally occur in the hemp plant.
— Senator Rand Paul (@SenRandPaul) April 16, 2026
5/ We can look out for public safety without trampling states’ rights or adult choice.
We’ve seen prohibition fail before. It fails miserably.
Looking forward to bipartisan support to get this done.#HempSafetyEnforcementAct
— Senator Rand Paul (@SenRandPaul) April 16, 2026
Senator Paul emphasized that the bill “preserves interstate commerce for legal products and is fully consistent with President Trump’s executive order expanding medical marijuana and CBD research.” He added that the legislation would “protect thousands of jobs, family farms, and safe access for veterans and seniors.”
Industry and Expert Reaction
Jonathan Miller, general counsel of the U.S. Hemp Roundtable, told Marijuana Moment that the group is “deeply grateful” to the sponsors for their “steadfast continued leadership on behalf of the hemp industry.” He highlighted Senator Ernst’s involvement as a “major development,” noting her agricultural expertise and the risk facing U.S. farmers if the ban proceeds.
Eric Zipperle, co‑founder and CEO of Kentucky‑based Cornbread Hemp, described the bill as getting it “right.” He pointed out that Kentucky already has a robust regulatory framework—including age verification, potency limits, and retailer licensing—and argued that “Washington doesn’t need to reinvent the wheel. Let the states that have done the work keep doing it.”
Related Federal Developments
While the hemp bill moves through Congress, other federal actions are affecting the cannabinoid landscape:
- The Trump administration launched a Medicare initiative this month that covers up to $500 worth of hemp‑derived products annually for eligible patients, focusing mainly on CBD but allowing a certain amount of THC.
- The Centers for Medicare & Medicaid Services (CMS) finalized a rule permitting coverage of some hemp products as specialized, non‑primarily health‑related benefits through Medicare Advantage plans.
- The Food and Drug Administration (FDA) issued guidance stating it does not intend to interfere with the implementation of the Medicare hemp‑derived products coverage plan.
- Anti‑marijuana organizations have filed a lawsuit challenging the Medicare hemp coverage policy; lawyers for Health and Human Services Secretary Robert F. Kennedy Jr. and CMS Director Mehmet Oz have asked that the case be dismissed.
- The White House Office of Management and Budget is holding meetings on an FDA CBD products enforcement policy.
In the marketplace, major retailers are expanding their hemp offerings. Target, for example, began a pilot program selling cannabis‑infused drinks in ten Minnesota stores last year. After a successful test, the company obtained licenses to sell lower‑potency hemp edible products—including THC drinks—in all 72 of its Minnesota locations.
Looking Ahead
Senator Paul expressed hope that Senator Klobuchar, a member of the Senate Agriculture Committee preparing the next Farm Bill, could help attach the hemp relief legislation to that larger package. He acknowledged the urgency for farmers, noting that if the federal ban takes effect in November, many may hesitate to plant hemp this year.
The bipartisan effort underscores a growing recognition that state‑level regulation can balance public safety with consumer access and economic viability. As the debate continues, stakeholders across agriculture, health care, and retail will be watching closely for the outcome of the Hemp Safety Enforcement Act and its potential to shape the future of the U.S. hemp industry.
For the original reporting, see the Marijuana Moment article: Here
