GOP Congressman Circulates Draft Bill To Regulate Hemp Products As Colleagues Pursue THC Ban

On August 26, 2025, a Republican lawmaker introduced a potential middle path in the growing clash over hemp and cannabis regulation. Rep. Morgan Griffith (R-VA) is circulating a draft bill that would regulate consumable hemp products instead of banning them outright, a move that could provide a lifeline for an industry facing existential threats from pending legislation.

A Regulatory Alternative to a THC Ban

While some members of Congress continue pushing for legislation that would ban all consumable hemp products containing any measurable level of THC, Griffith’s draft proposal seeks to create a regulated framework that allows adults 21 and older to legally purchase items like edibles, beverages, and inhalable hemp products.

The measure would establish clear requirements for packaging, labeling, testing, and manufacturing. Importantly, it would carve out a new regulatory home for hemp products under the Food Drug & Cosmetic Act (FDCA) while tasking the U.S. Department of Health and Human Services (HHS) with setting cannabinoid limits.

For hemp businesses, this represents a potential path to legitimacy rather than prohibition, though some details of the draft remain highly controversial.

Packaging, Labeling, and Additive Restrictions

According to a summary from the Hemp Beverage Alliance, Griffith’s proposal includes multiple consumer safety measures. Packaging would be required to be tamper-proof and free from designs that could appeal to children. Labels would need to disclose all cannabinoids present in a product and include QR codes linked to certificates of analysis verifying contents.

Additionally, manufacturers would be prohibited from combining cannabinoids with substances such as alcohol, nicotine, caffeine, melatonin, or other additives that could alter or intensify the effects of cannabinoids. Industry facilities would need to be registered, and products would be subject to manufacturing and testing requirements, aiming to establish quality and consistency standards across the market.

Limits on Cannabinoids

Perhaps the most contentious part of Griffith’s draft is its proposal for cannabinoid limits. HHS would be required to propose limits within 60 days of the bill’s enactment. If the agency failed to do so within three years, default caps would automatically take effect:

• Oral hemp products with non-intoxicating cannabinoids: 10 mg per serving, 50 mg per package
  
• Inhalable hemp products: 100 mg per serving, 500 mg per package
  
• Topical hemp products: 100 mg per serving, 500 mg per package
  
• Products containing intoxicating cannabinoids (such as THC): 0.2 mg per serving, 1 mg per package
  

For many in the hemp sector, that final threshold would amount to a de facto ban on THC-containing products. Adam Terry, CEO of Cantrip, a hemp beverage company, said the proposed cap is “currently set low enough to be an effective ban.” Nonetheless, Terry welcomed Griffith’s attempt to advance regulation rather than prohibition, calling it a positive signal of engagement from a Freedom Caucus Republican.

A Structured Federal Framework

Beyond limits, the bill envisions the creation of a new Cannabinoid Hemp Products Advisory Committee and directs HHS to publish a comprehensive list of known cannabinoids within one year of enactment. By amending the FDCA to include hemp-derived cannabinoids, the draft legislation would effectively codify hemp products into federal law with tailored oversight, a long-sought demand from industry stakeholders.

The Hemp Beverage Alliance, which has been gathering input from stakeholders, expressed optimism about Griffith’s draft, noting that it marks the first significant step toward a positive regulatory framework from a Republican office in the House.

Broader Political Context

The draft emerges as Congress debates competing approaches to hemp. A House-passed measure would ban all consumable hemp items containing any detectable THC, a move stakeholders say would devastate the market that has grown since hemp was federally legalized in 2018.

Meanwhile, Sen. Rand Paul (R-KY) has positioned himself as a key defender of the hemp industry. Earlier this month, Paul said he plans to meet with House lawmakers to push for a compromise and has already introduced the Hemp Economic Mobilization Plan (HEMP) Act, which would increase the allowable THC concentration in hemp and address regulatory inconsistencies.

Senate Minority Leader Mitch McConnell (R-KY), who championed hemp legalization in the 2018 Farm Bill, initially defended the THC ban language but ultimately allowed it to be removed following Paul’s objections. The Senate later passed the broader agriculture legislation without the hemp ban provision.

Industry Pushback and Support

The hemp sector has been lobbying intensely against proposals that amount to outright prohibition. Jonathan Miller, general counsel for the U.S. Hemp Roundtable, told lawmakers earlier this year that the industry is “begging” for regulation. Many businesses argue that clear, science-based rules would stabilize the market and improve consumer safety, while bans would eliminate economic opportunities for farmers and entrepreneurs.

Even the alcohol industry, often seen as a competitor to hemp beverages, has weighed in. The Wine & Spirits Wholesalers of America (WSWA) urged Congress to scale back House language that would ban most hemp products, instead recommending regulations that distinguish between naturally derived cannabinoids and synthetic ones. A Bloomberg Intelligence report last year highlighted cannabis as a “significant threat” to alcohol sales, noting shifting consumer preferences toward cannabis as an alternative to beer and wine.

The Road Ahead

Griffith’s bill is still in draft form, with his office collecting feedback from stakeholders in the weeks ahead. The Hemp Beverage Alliance and other industry groups plan to submit recommendations to refine the proposal, particularly regarding the THC cap that many see as overly restrictive.

Although the draft does not yet have formal cosponsors or a clear path through committee, it signals a growing divide within the Republican Party on how to regulate hemp. With Paul championing broader allowances and other House Republicans pushing for prohibition, Griffith’s measure may represent a middle ground albeit one that will still face fierce debate.

As Congress continues to wrestle with cannabis policy, Griffith’s draft marks an important development: a move away from prohibitionist impulses and toward a structured federal framework that could, with revisions, provide stability for hemp businesses and safety for consumers. Whether lawmakers will coalesce around regulation instead of prohibition remains an open question, but the conversation is clearly shifting.

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