US lawmakers want to ban all hemp products containing THC

A new bill of the U.S. Congress is causing concern among players in the hemp industry. Presented by Republican Congressman Andy Harris, bill 2026 on budget appropriations for agriculture, rural development, fisheries and aquaculture. Food and Drug Administration and related agencies includes provisions that would significantly alter the legal definition of hemp in federal legislation.

If adopted, it could prohibit the vast majority of cannabinoid-based products derived from hemp, including those containing traces of THC or THCA, a multi-billion-dollar market segment.

The 138-page bill was approved by the House Agriculture Appropriations Subcommittee by a vote of 9 to 7, and will now go to the full committee for consideration. The wording of the bill appears to target products that have been legalized at the federal level under the 2018 farm bill, which defines hemp as Cannabis containing no more than 0.3 % of delta-9 THC on a dry weight basis.

But the new proposal would go further. It aims to redefine hemp to exclude finished products that contain :

• Cannabinoids that are not naturally produced by the plant
• Cannabinoids manufactured outside the plant, even if they are of natural origin
• All « quantifiable quantity »from THC, THCA or similar psychoactive cannabinoids

The term «quantifiable» is to be defined at the discretion of the Secretary of Health and Social Services, in consultation with the Secretary of Agriculture, This change places regulatory control in the hands of the federal government.

A new political offensive against hemp-based intoxicants

Representative Harris, long known for his opposition to cannabis reform, made his position clear.

«This bill also fills the gap hemp gap of the 2018 farm bill, which led to the proliferation of intoxicating cannabinoid products, including the delta-8 and hemp flowers, sold online and at gas stations across the country under the false pretext of being «USDA approved», he said at the June 5 review hearing.

Supporters of the bill present it as a public health issue, with the legislation summary stating that it «supports the’Trump administration and mandates of the American people by [...] closing the legal loophole on hemp that led to the proliferation of hemp-based intoxicants unregulated».

A threat to farmers and consumers

The U.S. Hemp Roundtable (USHR), a leading advocacy group, denounced the bill as a covert attempt to «dismantle the hemp industry». In a statement released on June 4, the organization wrote: «Representative Andy Harris is at it again, relaunching his crusade to dismantle the hemp industry by quietly inserting harmful provisions into a federal spending bill.»

USHR General Counsel Jonathan Miller warned that the bill would have a devastating impact: «It would have such a devastating impact on the farmers and consumers who consider these products essential to their health and well-being,» he told Marijuana Moment.

This proposal follows a well-known pattern. Last year, a similar amendment tabled by the Republican Congresswoman Mary Miller has been added to the House of Representatives version of the Farm Bill 2024, redefining hemp to include content total THC, including the THCA, but this amendment was not adopted.

This time, however, stakeholders are on high alert.

«If this amendment is adopted, it will destroy the entire’american hemp industry and will set back by a decade the progress made towards full legalization of Cannabis »warned Jim Higdon, co-founder of Cornbread Hemp, in a statement to Marijuana Moment.

A transition to industrial hemp only

The bill does, however, make room for the industrial hemp by separating it from cannabinoid-rich products. The bill would maintain the legal status of hemp grown specifically for its fibers, seeds, oil, hulls or microfoams.

Products intended for non-cannabinoid purposes would remain legal, while those intended for the human or animal consumption and containing «quantifiable» psychoactive cannabinoids would be banned under the new definition.

Critics say federal interference undermines state authority

The bill has drawn criticism not only from those involved in the hemp sector, but also from related industries. The Hemp Wine & Spirits Wholesalers of America (WSWA) expressed concern at what it described as «overly vague» language that could «undermine the efforts of states that have adopted essential regulations governing hemp-based intoxicant products».

In a statement, WSWA added: «In the absence of a strong federal regulatory system, states have filled the void by passing comprehensive legislation to regulate intoxicating hemp and protect public health and safety within their borders.»

Aaron Smith, CEO of National Cannabis Industry Association (NCIA), echoed this concern, stating: «This budget provision will not change the fact that the THC-based products derived from hemp are already widely available throughout the country, but it will ensure that these products are manufactured and sold without control, which will be a major victory for drug cartels at the expense of public health and safety.»

What next?

The bill is to be examined in greater detail by the House Appropriations Committee on June 11. It is not certain that he will survive the legislative process in its current form, particularly given the wider controversies surrounding other provisions of the Finance Bill.