Politics
State Attorneys General Push Congress Not To Reverse Course On Banning Hemp THC Products
A bipartisan coalition of 35 state and territory attorneys general are calling on Congress not to reverse the planned federal recriminalization of hemp THC products that is scheduled to take effect in November, saying that lawmakers’ move to enact the forthcoming ban “protected consumers, provided much-needed regulatory clarity, and preserved legitimate industrial, agricultural, and nonintoxicating hemp markets.”
Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill that President Donald Trump signed during his first term in office. But late last year, the president signed new legislation containing provisions that will redefine hemp to make it so only products with 0.4 milligrams of total THC per container will remain legal after November 12.
There is currently an effort underway in Congress to delay the hemp product ban, which industry supports say will give them more time to convince lawmakers to enact comprehensive regulations as an alternative to prohibition.
On Sunday, leaders of the Senate Appropriations Committee released the text of a continuing resolution to extend funding for federal agencies through December 11, past the end of the current fiscal year on September 30. Included in the legislation are provisions that will also delay the planned prohibition on most hemp products until December 11—although there is a carve-out that will allow the immediately recriminalization on November 12 of synthetic cannabinoids “that are not capable of being naturally produced by a Cannabis sativa L. plant.”
The new letter—led by Attorney General Tim Griffin (R), Indiana Attorney General Todd Rokita (R), Connecticut Attorney General William Tong (D), and New Mexico Attorney General Raúl Torrez (D)—urges Congress to reject “any effort to delay, repeal, suspend, or weaken” the forthcoming ban and ensure it “takes effect as enacted and remains in place thereafter.”
The AGs note that following Congress’s action in 2025, a number of states have reformed their own hemp laws to match the narrower federal definition of legal products.
“If the loophole is reopened or the new definition is weakened or repealed, States will face renewed litigation, inconsistent enforcement, regulatory uncertainty, increased youth access to intoxicating products, and disruption of lawful businesses that have already adjusted their operations to comply with the new federal framework,” the letter says. “Equally as concerning, change at this stage would allow the return of unregulated intoxicating cannabis products that Congress appropriately chose to address.”
“Many, if not most, States have already imposed greater limits than are supported by the new federal definition like (1) accounting for all THC isomers in their hemp definitions and excluding cannabis that contains a combined total amount of THC that is greater than 0.3% and (2) strict limitations on hemp products containing intoxicating cannabinoids. Other states, like Delaware, Michigan, Nebraska, New Jersey, Ohio, and North Carolina have already seen legislative movement in the last seven months seeking to better align their States’ definition of ‘hemp’ with the new federal definition in various ways or otherwise assert greater control over the hemp market. Numerous States and federal agencies have also aligned their enforcement posture with the new federal hemp definition over the last seven months.”
“Broadly, these actions point to a state-level response to requests by citizens, businesses, and lawmakers to implement common-sense regulations on the largely uncontrolled hemp product market,” the attorneys general wrote in the letter, which is addressed to Republican House and Senate leaders. “The new federal definition ensures both uniformity and safety throughout the nation. If the redefinition is not maintained, it will almost guarantee that these state efforts at regulation will be thrown into chaos.”
They argued that cracking down on intoxicating hemp products “will not inhibit the cultivation of hemp for use in the industrial or agricultural sectors (among others), since hemp plants naturally contain low levels of intoxicating cannabinoids.”
“The redefinition restores the 2018 Farm Bill’s original goal of allowing the cultivation of hemp crops for uses within American industry–separate from the cultivation or processing of marijuana,” the letter says. “We now ask that you continue your work to ensure that the American people and American businesses have access to safe, nonintoxicating hemp products.”
Griffin, the Arkansas attorney general, said in a press release that “Congress was absolutely right when it acted last year and adopted a clearer, more responsible framework for hemp regulation.”
“States, businesses, consumers, and regulators have spent months adapting to the impending new standard, and many states have aligned their laws accordingly,” he said. “Reopening this loophole would create confusion, invite litigation, and undermine the progress we’ve made to protect consumers.”
“The bottom line is simple: Republicans and Democrats across the country agree that intoxicating hemp products shouldn’t be accessible to our kids. We urge federal lawmakers to maintain the current definition of hemp and support a consistent national approach that protects public safety.”
Rokita, the Indiana attorney general, argued in a press release that “Congress should not bow to the special interests that exploited a loophole in federal law to profit from selling unregulated intoxicating THC products that have harmed communities, jeopardized public safety, and put young people at risk.”
“They should stand with parents, law enforcement, and legitimate hemp farmers—not the special interests profiting from selling marijuana-like products in gas stations and convenience stores,” he said. “Reject the delay, keep your promise and let the law take effect.”
Sen. Ted Budd (R-NC) announced on Monday that he will be filing an amendment to strip provisions out of the spending bill that aim to delay the scheduled hemp product ban.
The legislative vehicle that the Senate is using to fund the government and that includes the hemp ban delay provision, H.R. 6500, cleared a procedural vote on Monday and is expected to receive a vote on final passage this week after consideration of any amendments.
The Beverage Alcohol Merchants Coalition (BAMCO), which represents major alcohol retailers, is supporting the move to delay the hemp product ban—saying it provides industry supporters with more time to convince Congress to “establish a responsible federal framework for low-dose hemp-derived THC beverages.”
BAMCO’s members include Total Wine & More, BevMo! by Gopuff, ABC Fine Wine & Spirits, Spec’s Wine and Spirits & Finer Foods, as well as a group of hemp product wholesalers. The group supports incorporating hemp THC drinks into the existing three-tier system for alcoholic beverages, along with new requirements for testing, labeling, marketing and taxation in tandem with flexibility for state regulations.
Other alcohol industry groups such as Wine & Spirits Wholesalers of America have also backed regulating hemp products instead of prohibiting them.
Last month, the House of Representatives passed its own version of a continuing resolution to keep federal agencies funded into December, but it did not have any provisions to alter the planned hemp product ban. As such, if the Senate passes its new provision it would then still need approval by the other chamber before being sent to the president.
Meanwhile, a number of lawmakers from both chambers and both parties have filed or are circulating a growing number of bills to prevent the scheduled federal recriminalization of hemp THC drinks and other products later this year. Until now, none of those proposals have gained traction with congressional leaders.
For example, Rep. James Comer (R-KY), who chairs the House Oversight and Government Reform Committee, is circulating legislation that would delay a planned federal ban on hemp THC products and institute some regulations—including packaging requirements, testing rules and age limits.
Separately, Rep. Andy Barr (R-KY), filed a lengthier proposal to prevent the federal recriminalization of hemp THC products and put in place a number of regulations for manufacturing, labeling, sales and taxation of hemp-derived products, including an age limit of 21.
A press release from the congressman’s office claimed that the White House supports the legislation, which is cosponsored by Rep. Angie Craig (D-MN), but the administration has not specifically endorsed it despite generally calling for hemp regulations and backing a prior similar amendment filed by Barr.
Trump and White House officials have in recent weeks repeatedly pressed Congress to delay, alter or reverse the ban.
In a letter to House Speaker Mike Johnson (R-LA) last month, for example, White House Office of Management and Budget (OMB) Director Russell Vought said the Trump administration wants lawmakers to “ensure the fair treatment of hemp products”—specifically citing Barr’s earlier amendment to keep many hemp products legal while adding regulations and taxes.
The administration “welcomes the opportunity to work with the Congress to, at a minimum, update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products,” OMB separately said last month, “while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”
Also in April, the president himself urged congressional lawmakers to again redefine hemp to avoid recriminalization of full-spectrum CBD products.
“I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks,” Trump said in a Truth Social post.
“We must get this done RIGHT and FAST, especially for those who saw that CBD helps them,” he said. “Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for.”
Industry advocates say that the law as enacted last year not only threatens to prohibit intoxicating and synthetic cannabinoid products but also stands to remove popular full-spectrum CBD products that many Americans use therapeutically from the market.
“ONE in FIVE adults used it in the past year, and many say it improved their chronic pain enormously,” the president said in his social media post, adding that hemp-derived CBD “has made a HUGE difference for so many people.”
He also referenced a new initiative the administration launched in April to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients. The program being implemented by the Centers for Medicare & Medicaid Services (CMS) focuses largely on CBD but also allows products to have up to 3 milligrams of total THC per serving. A federal judge granted the government’s motion to dismiss marijuana legalization opponents’ lawsuit challenging the initiative, but that is being appealed.
“In December, I signed a very important Executive Order calling for Research and Innovation for Hemp-derived CBD,” Trump said. “Our wonderful Dr. Mehmet Oz moved fast to follow the directive in the Executive Order, and launched a model for some Seniors earlier this month. But more must be done!”
“Please get it done, and SOON,” the president said in reference to a congressional fix for the broad recriminalization set to take effect in November. “Thank you for your attention to this matter!”
The Wine & Spirits Wholesalers of America (WSWA), an alcohol industry trade association issued praise for Barr’s bipartisan hemp regulation bill, but said the measure’s tax provisions require “continued discussion.”
Hemp policy observers expect to see a Senate companion bill to Barr’s proposal filed soon, likely from Sens. Tim Sheehy (R-MT) and Amy Klobuchar (D-MN).
Sheehy recently cited hemp legislation as an area where Republicans and Democrats can work together in an otherwise “hyperpartisan time.”
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Meanwhile, a new poll from NuggMD found that most cannabis consumers say that state-level hemp product bans that lawmakers are enacting in line with the planned federal recriminalization move are causing them to shift their purchases toward licensed marijuana businesses.
The National Restaurant Association recently sent a letter urging congressional leaders to delay the federal recriminalization of hemp THC beverages and replace it with a regulatory framework that “ensures consumer safety while meeting growing market demand” for the products as an alternative to alcohol.
Major retailer Target, meanwhile, recently moved to expand its sales of hemp THC drinks into more states.
