US Senators Push for Hemp THC Regulation Amid Fear of Federal Ban
Democrats Call for Regulation, Not Recriminalization
A group of eight Democratic U.S. senators is urging Congress to regulate hemp-derived THC products rather than embrace a Republican-led push that could effectively wipe out the hemp industry.
In a letter sent Sept. 16 to Senate leaders, the Democrats warned that redefining hemp under federal law to outlaw most cannabinoid products would “deal a fatal blow” to a sector that supports hundreds of thousands of jobs and generates billions in economic activity.
Their appeal comes as Congress wrestles with the explosive growth of hemp-derived intoxicating products—such as delta-8 THC—that emerged after passage of the 2018 Farm Bill. That legislation legalized hemp at the federal level but left significant gaps in how intoxicating derivatives are regulated.
Rather than close those gaps with oversight, some Republicans are pushing language that would strip Farm Bill protections from hemp altogether, essentially re-criminalizing a crop that farmers nationwide have invested in for the past five years.
Farm Bill Debate Puts Hemp Industry at Risk
The dispute over hemp regulation is playing out as lawmakers negotiate agricultural spending bills against the backdrop of a looming Sept. 30 government funding deadline. Reconciling differences between House and Senate versions of the bill has become urgent, with the future of the hemp industry part of those high-stakes talks.
Last month, an amendment that would have recriminalized many hemp-derived products was narrowly removed from a spending bill at the last minute by Sen. Rand Paul, a Kentucky Republican and one of the hemp sector’s most outspoken defenders.
But advocates of stricter prohibitions, including Senate Minority Leader Mitch McConnell—also from Kentucky—have made clear they intend to reintroduce the measure. McConnell, who was instrumental in shepherding the 2018 Farm Bill that legalized hemp, has since expressed deep concern over the proliferation of intoxicating hemp-derived cannabinoids.
Democratic Senators Highlight $28.4 Billion Industry
The Democratic letter, led by Oregon senators Ron Wyden and Jeff Merkley, outlined the economic stakes of a federal crackdown. According to the lawmakers, hemp now supports 320,000 jobs across the United States, generates $28.4 billion in regulated market activity, and contributes $1.5 billion in state tax revenue annually.
The senators noted that more than 70% of hemp acreage is dedicated to cannabinoid production, which in many cases is more profitable than staple crops like corn or soybeans. Eliminating hemp protections would devastate farmers who have shifted acreage into hemp cultivation in recent years.
“A ban would instantly drive thousands of acres of crop value across America, including 3,900 acres in South Dakota, to zero,” the letter warned. Instead, the lawmakers urged Congress to establish a framework for regulating hemp-derived THC products, balancing safety and oversight without dismantling an industry built on federal legalization.
Rand Paul Warns of “Prohibitionist” Swing
Despite the Democrats’ call for regulation, Paul remains concerned that prohibitionist voices within Congress are gaining the upper hand.
“There’s still a danger that prohibitionist language will be in” the agricultural spending package, Paul told The Dales Report in a recent interview. “I am very fearful that the whole industry could be made illegal within the next two weeks.”
Paul cited the example of California, where regulators imposed a blanket ban on hemp-derived THC after reports that one of Gov. Gavin Newsom’s teenage children was able to purchase intoxicating hemp products with little oversight. He said the incident reflects a growing swing toward prohibition that risks overcorrecting instead of pursuing balanced regulation.
“If anything, the pendulum has swung hard on the prohibitionist side,” Paul said. “There has to be some reasonable regulation that everybody can agree to.”
Industry Braces for High-Stakes Decision
The hemp sector, already facing market instability, is bracing for potential fallout. If Farm Bill protections are stripped, the legal foundation for hemp-derived cannabinoids could collapse, forcing many operators to shut down.
Supporters of regulation argue that banning hemp THC products outright would not eliminate demand but instead drive the market underground, creating new enforcement challenges while undermining farmers and legitimate businesses.
With the Sept. 30 deadline looming, hemp stakeholders are watching negotiations closely. For an industry valued at tens of billions of dollars and employing hundreds of thousands nationwide, the outcome could mark either the beginning of a new regulatory era or the abrupt end of a federal experiment that began just five years ago.
What Congress decides in the coming weeks may determine whether hemp-derived cannabinoids remain part of the legal marketplace or whether the industry faces an existential ban.
