On Monday, the U.S. Senate passed a funding package to end the government shutdown but the bill also includes a long-needed fix to the 2018 Farm Bill’s hemp loophole. This provision would finally prohibit the sale of unregulated, intoxicating hemp-derived products such as Delta-8 THC that are now being sold in gas stations and convenience stores nationwide.
The new language would:
- Ban hemp products for human or animal use containing more than 0.3% total THC (including THCA) on a dry-weight basis.
- Exclude cannabinoids that are synthetic or cannot be naturally produced by the plant.
This measure is a response to the rapid growth of dangerous, unregulated Delta-8 THC products that mimic marijuana and are easily accessible to teens. These products often appear in candy-like packaging and have led to poison control reports and hospitalizations in several states.
While the Senate has acted, the fight is not over. The House of Representatives must still approve the measure, and Senator Rand Paul (R-KY) continues to oppose the ban on behalf of hemp processors in his state. His amendment to strike the Delta-8 language could delay or weaken the reform.
ALCAP supports closing this loophole to protect our families, children, and communities from intoxicating substances being sold under the guise of “hemp.” Please contact your U.S. House member today and urge them to support the Senate’s language banning intoxicating hemp products and oppose any effort to remove it.
This is an issue that ALCAP has already been advocating for on the state level as well. ALCAP played an instrumental role in the passage of HB 445 in early 2025, which ensures that Alabama will ban intoxicating hemp products on the state-level if a federal ban passes. This just could be that important federal ban to trigger the state prohibition.
For more information on ALCAP’s work against illicit drugs and their damage to communities, please click here.