Trump reverses course and recriminalizes hemp products containing THC

President Donald Trump has signed a new spending bill that recriminalizes most hemp-based products, marking a radical turnaround from the 2018 Farm Bill, which legalized the cultivation of hemp and its derivatives across the United States.

This measure, discreetly integrated into a vast credit program passed this week after a lengthy government shutdown, introduces radical restrictions that could dismantle the booming market for cannabinoids derived from hemp,

A legislative U-turn from the 2018 farm bill

In 2018, the Trump administration had welcomed the farm bill as a major milestone for American agriculture, legalizing hemp and derivatives containing less than 0.3% of delta-9 THC. This threshold has led to the development of an entire industry centered on minor cannabinoids hemp extracts, marketed in everything from edible products to electronic cigarettes and tinctures.

The new legislation turns this framework on its head. The bill redefines legal hemp by measuring the total THC content, not only delta-9, but also delta-8, the delta-10 and «any other cannabinoid with similar effects (or marketed to have similar effects)» on humans or animals.

As a result, cannabinoids derived from hemp, which have fueled a multi-billion-dollar market, will be considered illegal in a period of one year from the date of promulgation.

«Closing the legal gap on hemp»

The campaign in favor of the ban was led by the Republican Congressman Andy Harris, This measure is necessary to protect public health. «It closes the legal loophole on hemp that has led to the spread of unregulated intoxicating hemp-derived products sold online, at gas stations and in small shops across the country,» Harris said, warning that «many of these products are accessible and attractive to children.».

Proponents of the ban cite concerns about the safety of psychotropic products derived from hemp, which have proliferated in states where regulations are unclear, and most often where cannabis is still illegal. Conversely hemp advocates warn that the new definition is so broad that it risks criminalizing non-psychoactive CBD products used for therapeutic purposes.

Divided Congress, limited opposition

Although several legislators have attempted to remove hemp's prohibition, including the Senator Rand Paul and the representing Thomas Massie, Their proposed amendments were not included in the final text. In the Senate, Paul won the support of 22 Democrats, including Senator Ted Cruz, generally opposed to cannabis reform, but the majority ultimately voted to retain the restrictive wording.

Despite this setback, the industry players plan to take advantage of the one-year implementation period to push for a more balanced regulatory model. Jim Higdon, co-founder of Cornbread Hemp, told Marijuana Moment «We can get a bill through Congress next year, before the 365-day deadline expires, and it's time for everyone to step up and focus on what we can get through Congress to remedy the worst.»

What the new definition means for the hemp industry

Under the new definition, legal hemp products will be limited to a maximum of 0.4 milligrams per container of total THC or any other cannabinoid with similar effects. The law also prohibits intermediate products derived from hemp marketed for direct use by consumers, as well as any synthetic or semi-synthetic cannabinoid which cannot be produced naturally by the cannabis plant.

Within 90 days, the Food and Drug Administration (FDA) and the relevant agencies are required to publish a complete list of cannabinoids naturally present in the plant. Cannabis sativa L., as well as those with comparable effects to tetrahydrocannabinol.

This regulatory overhaul could effectively remove most of the intoxicants derived from hemp, This has forced manufacturers to reformulate their products or cease production altogether.