Weeding Out Hemp

Posted on Dec 9, 2025 by

In the fall of 2025, the federal government experienced its longest shutdown in history. In addition to the thousands of government employees who could not work, thousands of other Americans faced difficulties with food and housing assistance, airline travel, and visiting national parks and museums.

It was a stressful time, and presumably, many people turned to various substances to help deal with the uncertainty. Then, after 43 days, Congress was finally able to agree on a plan ending the shutdown. A last-minute addition to the spending bill may make it harder for some people to cope in the future, however.

Senator Mitch McConnell slipped a provision into the legislation that would ban most hemp products. The measure, which goes into effect on the first anniversary of the signing of the bill, or November 12, 2026, outlaws hemp products containing more than 0.4 milligrams of total THC per container. For reference, a typical hemp gummy or beverage contains 2.5 to 10 milligrams of D9-THC, which is way over the new limit.

Under the 2018 Farm Bill, hemp was defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.”

This definition removed hemp from the list of Schedule I controlled substances under the Controlled Substances Act and established a federal difference between hemp (legal, low THC) and marijuana (cannabis with more than 0.3% delta-9 THC by dry weight, which remains a controlled substance under federal law). Further, the U.S. Department of Agriculture was authorized to create a national regulatory framework for hemp production, allowing states to submit their own plans for approval.

The new spending bill fundamentally changes what qualifies as “legal hemp” under federal law. Under the new legislation, the 0.3% threshold will apply to total THC, including delta-8 and other isomers, rather than just delta-9 THC on a dry weight basis. Hemp products that fall outside the qualifying limits are federally classified as marijuana and illegal under federal law.

The ban covers any intermediate hemp-derived cannabinoid products marketed or sold as a final product or directly to consumers for personal or household use, those that are synthesized or manufactured outside of the cannabis plant or not capable of being naturally produced by it, and all natural and converted THC forms (Delta-9, Delta-8, etc.) in consumable forms including gummies, drinks, vapes, and topical creams.

It is precisely these products that lawmakers are looking to ban. Unregulated gummies and drinks have been linked to a recent surge in child poisonings. McConnell claims the new restriction “restores the original intent” of the Farm Bill and closes a loophole for hemp-based products. “Little do kids know, these products are laced with intoxicating synthetic chemicals,” he said.

Experts predict the ban could wipe out 95% of the estimated $28 billion hemp retail market, one that was expected to grow to $47 billion by 2032. Economists believe the new legislation will displace hundreds of thousands of workers nationwide, and tens of thousands of businesses will close. Whitney Economics founder, Beau Whitney, a consultant to the hemp and cannabis industries, characterizes the passage of the ban as “an extinction-level event.”

Many in the hemp industry criticized the last-minute change, arguing that it should have been subject to open hearings. Instead, they argue, it was added at the last minute to a bill whose passage was essential for the government reopening.

Legislators countered by saying the bill was 328 pages, so it’s hard to weed out all the provisions it contained.



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Reg P. Wydeven

Elder Law and Estate Planning Attorney at McCarty Law LLP
Hoping to follow in his father’s footsteps from a young age, Reg’s practice primarily consists of advising individuals on estate planning, estate settlement and elder law matters. As Reg represents clients in matters like guardianship proceedings and long-term care admissions, he feels grateful to be able to offer families thorough legal help in their time of need.
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