U.S. Senate Delays THC/Hemp Ban One Month

The Hemp Farming Act of 2018, which was incorporated into the 2018 Farm Bill, effectively removed hemp from the Controlled Substances Act.  Hemp is now defined as cannabis with less than 0.3% tetrahydrocannabinol (THC)  Its production and distribution are now allowed under federal law.  A short term spending bill late last year reversed this, but takes effect on November 12th of this year.

The ailing Senator Mitch McConnell of Kentucky championed restoration of hemp products containing THC to the Controlled Substances Act.  A revocation of the November 12th illegalization was incorporated into the Senate's short-term spending bill which will keep the government funded through December 11, 2026.  Centers for Medicare and Medicaid Services (CMS) administrator Dr. Mehmet Oz opposed the amendment because he believes it could interfere with the CMS Substance Access Beneficiary Engagement Incentive pilot program which allows access to certain hemp-derived products.

This issue apparently locked up the spending bill, so a delay of one month was substituted allowing the Senators to go on recess:

https://thehill.com/policy/healthcare/6017926-senate-delays-hemp-thc-ban/

Senate tables hemp amendment at center of funding fight, allowing one-month delay of ban
By Nathaniel Weixel - August 8, 2026

A federal ban on most hemp-derived THC products is set to be delayed for a month after a last-minute effort to keep the original timeline failed.

The Senate voted 61-32 to table a bipartisan amendment from Sen. Ted Budd (R-N.C.) and about a dozen other senators to strip the delay from a stopgap government funding bill.

Opponents of the delay had been holding up consideration of the funding bill until GOP leadership allowed a vote on the amendment.

The provision at the heart of the controversy was inserted into the underlying legislation at the behest of the White House, which has made delaying or otherwise fixing the hemp ban a priority.

Hemp industry groups and their allies are touting the provision as a significant win that will give them more time to convince lawmakers to regulate their products, rather than ban them.

”The next chapter begins today. The Hemp Beverage Alliance stands ready to work with Congress, the White House and stakeholders throughout the country to pass federal legislation that is strong, sensible, reliable, and prioritizes public safety,” Christopher Lackner, founder and president of the Hemp Beverage Alliance said in a statement.

But the fight isn’t over, and Budd and the other supporters of his effort have indicated they will try again in the fall and winter. The funding bill lasts through Dec. 11, and White House officials have reportedly told senators they will not ask for another delay.

“I am disappointed that the Senate chose to protect an industry that insists on selling dangerous intoxicants marketed toward children by delaying the hemp loophole,” Budd wrote on social media after the early morning vote.

“We agreed to ban these drugs nearly 9 months ago, but clearly our fight to stop this scourge is just beginning,” he added.

Trump signed the ban into law last year as part of a broader spending bill to reopen the government after a record-long shutdown. It was set to take effect Nov. 12.

The legislation redefined hemp to close what critics called the “hemp loophole” brought about by the 2018 Farm Bill, which removed hemp from the controlled substances list. The fix was championed by Sen. Mitch McConnell (R-Ky.)

The hemp industry has been lobbying furiously against it ever since, arguing the law would collapse a multi-billion-dollar industry.

Budd and other supporters say they are trying to protect children from illicit products that are intentionally marketed to children. The products are labeled as hemp, but contain extremely high levels of synthetic THC, the psychedelic compound in marijuana responsible for a high.

On Friday, Centers for Medicare and Medicaid Services administrator Mehmet Oz urged senators to oppose the amendment because it could interfere with an agency pilot program allowing access to certain hemp-derived products.

Budd said getting rid of unregulated products won’t do the damage Oz alleges.

“Why do unregulated intoxicating edibles need to be available at gas stations for CMS to continue studying hemp-derived pain relief?” Budd wrote on social media.

“Why should we allow these products on shelves for one more day when someone could make a decision that will alter their future by buying them?”