Forty states now allow medical use of marijuana, while 24, accounting for most of the U.S. population, also allow recreational use. Yet the federal ban on marijuana, first enacted in 1937, remains in place, leaving state-licensed cannabis suppliers exposed to legal risks and financial burdens. Instead of addressing this untenable situation by repealing federal prohibition, the U.S. Senate is now considering expanding the ban to cover psychoactive Hemp-Derived THC products.
An appropriations bill, part of the Senate deal to end the federal shutdown, aims to close a loophole created by the 2018 farm bill, which legalized hemp. That law defined hemp to include any part of the cannabis plant containing less than 0.3 percent delta-9 tetrahydrocannabinol (THC). The definition includes "all [hemp] derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers," allowing for a wide range of Hemp-Derived THC products, including edibles, beverages, flower, and vape cartridges containing delta-8 THC or THCA. These products offer alternatives for consumers in states that still prohibit recreational marijuana use.
Prohibitionists view the sale of these products as intolerable. The Senate bill addresses this by redefining hemp to exclude psychoactive Hemp-Derived THC products, preventing them from being sold online, in gas stations, and in corner stores, while preserving non-intoxicating CBD and industrial hemp products. The narrower hemp definition bans "intermediate hemp-derived cannabinoid products" and any final hemp products with more than 0.4 milligrams per container of tetrahydrocannabinols, effectively targeting Hemp-Derived THC products on the market.
Industry groups are alarmed. The U.S. Hemp Roundtable (USHR) warns that the bill would recriminalize Hemp-Derived THC products and eliminate a $28 billion industry providing 300,000 American jobs. USHR estimates that 95% of the current market in Hemp-Derived THC products would be banned, cutting $1.5 billion in state tax revenue.
Sen. Mitch McConnell (R–Ky.) supports the ban, claiming it prevents the sale of unregulated, intoxicating Hemp-Derived THC products without a safety framework.
Despite bipartisan opposition from industry advocates and other lawmakers, the proposed language targeting Hemp-Derived THC products remains a contentious issue in Congress.
Trade groups such as the National Cannabis Industry Association also oppose the measure, emphasizing that Hemp-Derived THC products are widely available nationwide. A ban would not remove them from the market but would make regulation impossible, favoring illicit sales over legal oversight. Regulators should instead focus on establishing safety frameworks for Hemp-Derived THC products, rather than reinforcing failed prohibitionist policies.
The debate highlights the tension between federal restrictions and consumer demand, with Hemp-Derived THC products at the center of a growing, economically significant, and politically charged industry.