Washington, DC: Federal lawmakers have negotiated and finalized legislation to fund the US Department of Agriculture that includes amended provisions recriminalizing the sale of certain hemp-derived intoxicating products. The appropriations bill is one of three separate funding bills that were included in a package to reopen the government until January 30, 2026.
The provisions – which were advocated by Sen. Mitch McConnell (R-KY), among others – target products containing delta-8 THC and similar compounds, as well as products that are synthetically derived from hemp. Specifically, the bill redefines federally legal hemp products as only those containing no more than either 0.3 percent or 0.4 milligrams of THC or other cannabinoids that produce similar effects, including THCA. In addition, it criminalizes “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use” as well as products that are produced following chemical synthesis, such as those high in delta-8 THC content.
Although delta-8 THC occurs organically in the cannabis plant, it is typically only produced in nominal quantities. By contrast, the elevated amounts of delta-8 THC present in commercially available products are typically the result of a chemical synthesis during which manufacturers convert hemp-derived CBD to delta-8 THC.
While the revised language is not explicitly intended to target hemp-derived CBD products marketed as non-intoxicating products, some industry advocates fear that these products will also ultimately be banned by the legislation because many of them contain trace levels of THC.
An effort by Sen. Rand Paul (R-KY) to strike the amended language failed on the Senate floor, as did a similar effort in the House by Rep. Tom Massie (R-KY). A spokesperson for the White House previously acknowledged that President Trump “supports” the revisions to the 2018 hemp law, despite the President having signed the bill into law seven years ago.
The revised federal language will take effect in one year after its passage.
Nearly half of all US states already impose severe restrictions on the retail sale of delta-8 THC and similar products and federal courts have repeatedly upheld these bans.
NORML has consistently urged the FDA to establish regulatory guidelines governing the production, testing, labeling, and marketing of hemp-derived intoxicating cannabinoid products, but has argued against recriminalizing them.
“Federally recriminalizing the hemp-derived marketplace will neither reduce consumers’ demand for these products nor increase consumers’ safety,” NORML’s Deputy Director Paul Armentano said.