Senators Divided Over THC Ban in Agriculture Bill
Summarize
Congress is currently embroiled in a heated debate over the inclusion of a THC ban in the 2026 agriculture appropriations bill. The House bill proposal includes the ban language, while the Senate version is still the subject of intense discussion. Notably, senators Mitch McConnell and Rand Paul are in stark disagreement over the bill’s language, with Senator Rand strongly opposing the ban language due to its potential impact on the industrial hemp industry.
The issue is whether to close a THC loophole in the 2018 Farm Bill that has led to some producers selling a variety of cannabis products containing THC amounts that technically violate the intent of the law to limit the amount of THC to no more than 0.3%. They are doing this by selling intoxicating products with THC that is not delta-9 or with tetrahydrocannabinolic acid (THCA) from THCA Flower. THCA converts to THC when heated.
A Senate committee approved the Senate bill version being debated. It created different definitions for “hemp-derived cannabinoid products” and “industrial hemp.” It also says that the total cannabinoid content must include the amount of THCA. Senator Paul said the language would essentially destroy a multibillion-dollar industry if hemp-derived THC of any type is banned. He has said he will not vote for a bill with the ban language, essentially ensuring the bill will not pass in a Senate vote.
Senator Paul says the language is so broad that it makes the sale of common CBD oils a crime because many contain a trace of THC. He said, “I don’t know how you’d be able to sell CBD oil with that,” and that proposed spending bill would “completely destroy the American hemp industry.”
The lack of federal action has plunged the hemp industry into a state of turmoil. Michael Bronstein, President of the American Trade Association for Cannabis and Hemp, warns of the dire consequences of banning THC, stating,
“Delays in federal Farm Bill negotiations have had real-world consequences, creating a fragmented landscape of state regulations for cannabis products due to the absence of federal action. Battles are taking place in states due to federal inaction, pitting the desire to preserve the integrity of state-regulated markets up against unregulated, untested and oftentimes synthetically converted products.”
Since the ban language will not survive in the Senate, it is unlikely that similar language will remain in the House version. The result is that the language in the 2018 Farm Bill will remain intact. This leaves the industry open to legally producing products with synthetic THC and THCA per federal law. It also means the states are likely to continue passing more restrictive bills.
Share this post
0