Cara Brown McCormick
Nearly all hemp-derived THC products in the United States are set to become illegal in late 2026 under new legislation passed by the U.S. Senate. The measure, included within a series of government funding bills, changes the federal definition of hemp and effectively outlaws the wide range of intoxicating hemp items that have spread across the country since the 2018 Farm Bill.
The bill passed on November 10 by a 60-40 vote, despite an effort by Kentucky Senator Rand Paul to block it. Paul, a long-time advocate for hemp farmers, argued that the legislation would devastate the entire industry.
Paul said on the Senate floor that the bill “makes the hemp industry kaput.” The new limits “will eliminate 100% of the hemp products in our country,” he said. “Every plant in the country will have to be destroyed.”
The new language now moves to the House of Representatives, where Speaker Mike Johnson suggested a vote could happen as soon as November 12. The measure also has the backing of President Donald Trump, according to a White House official who confirmed the administration’s support for the hemp ban.
If enacted, the law would take effect one year after it is signed and would eliminate the legal protections currently provided under the 2018 Farm Bill. It would replace the existing hemp definition with a narrower one, allowing only products that contain no more than 0.3 percent total tetrahydrocannabinols, including both THC and its acidic form, THCA. That change would close the “THCA loophole,” which some companies have used to sell hemp flower and other products with intoxicating effects outside of marijuana regulations.
In addition, the new definition would exclude any cannabinoid that cannot be naturally produced by the cannabis plant or that has been synthesized outside of it. This means that hemp-derived compounds such as HHC and THC P, both of which are popular in edibles and vapes, would no longer qualify as legal hemp products.
Legal experts warn that the implications could be far-reaching. The potential fallout would reach from small businesses to major retailers that currently sell hemp-based beverages and other products. Stores such as Total Wine & Spirits, Circle K, and Target have recently expanded their offerings to include hemp-infused goods, which could all be removed from shelves under the new definition.
The push to tighten hemp regulations has been building for months. The U.S. Hemp Roundtable, an industry advocacy group, estimates that hemp-derived THC has become a $28.4 billion market employing hundreds of thousands of workers. Yet it has also drawn sharp criticism from the regulated marijuana sector and other industries that see it as unfair competition.
During the fall, the effort to close the loophole gained momentum. Maryland Congressman Andy Harris and Kentucky Senator Mitch McConnell were among the most vocal supporters. In October, 39 state attorneys general urged Congress to act, citing the need for clearer rules.
In recent weeks, lobbying pressure intensified as alcohol and cannabis industry groups joined the call for reform. The alcohol sector, which once saw hemp beverages as a growth opportunity, has shifted to support the ban. Ironically, this move is expected to hurt smaller brewers that embraced hemp THC drinks to attract new customers.
The regulated marijuana industry welcomed the Senate’s action. Hemp advocates, meanwhile, expressed outrage at how the provision was inserted into the funding package.
If approved by the House and signed into law, the change would override state-level rules that currently permit hemp-derived THC products. It would also mark a sharp reversal from the more permissive stance established under the 2018 Farm Bill.
For supporters of the ban, the change is about restoring clarity and consistency to cannabis law. For opponents, it’s a reminder that industries built on legislative gray areas rarely stay safe for long.