By Tom Helland, Attorney
For a party that has long claimed to stand for personal liberty, limited government, and free-market principles, many Republicans are now turning their backs on those very ideals.
Hemp plants (photo credit: Heather Ainsworth for The Wall Street Journal).
Nowhere is this more evident than in the growing movement within the GOP to ban hemp-derived THC products—particularly delta-8 and other cannabinoids made legal through a loophole in the 2018 Farm Bill.
In states like Texas, Republican lawmakers have gone on the offensive, pushing to outlaw these products entirely rather than embracing the more rational and conservative approach: regulation. Meanwhile, in Washington D.C., Republicans on the House Appropriations Committee are seriously weighing a federal ban that would override states’ rights and criminalize what millions of Americans currently use legally.
This is not just a misguided policy decision—it’s an abandonment of core conservative values and a serious political miscalculation that could cost Republicans their credibility and their majorities.
Let’s start with the basics. Hemp-derived THC products exist today because Congress legalized hemp in 2018, defining it as cannabis containing less than 0.3% delta-9 THC. That small detail, meant to legalize industrial hemp and non-intoxicating CBD, left the door wide open for innovation. Producers found they could derive alternative cannabinoids—like delta-8, delta-10, and THC-P—from legal hemp and synthesize them into products that offer a marijuana-like experience. The result has been an explosion of new products, small businesses, and jobs in states that otherwise prohibit marijuana.
These products are not going away. Americans, especially veterans and chronic pain patients, are finding real therapeutic value in hemp-derived THC. Studies have confirmed its efficacy for pain, anxiety, sleep, and even PTSD. In a country where access to healthcare and mental health treatment is already limited, it makes no sense to rip away a relatively affordable, over-the-counter option that many have come to rely on.
Yes, there are concerns. Not all products are tested. Some are mislabeled or contain residual solvents. That’s a real issue—but one that is best addressed through regulation, not prohibition. Banning hemp-derived THC outright only drives it underground, creating more black-market activity and fewer safeguards. Sound familiar? It should—it’s the same failed logic behind marijuana prohibition and the broader drug war.
Regulation offers a middle path. Require third-party testing. Mandate labeling and age restrictions. License retailers and producers. Crack down on bad actors, not law-abiding consumers. We’ve done it with alcohol, with tobacco, and now with marijuana in 24 states. Why is hemp THC any different?
The most glaring irony is that many of these bans are being pushed by the same Republicans who campaigned on medical freedom during COVID-19, who oppose nanny-state overreach, and who regularly criticize federal agencies for taking away consumer choice. Now those same voices are calling for sweeping bans on a product that helps people sleep at night, manage pain, and keep their PTSD at bay—all under the guise of “public safety.”
Let’s not kid ourselves—this isn’t about safety. It’s about power and control. It’s about shielding entrenched marijuana interests, protecting pharmaceutical profits, and appealing to outdated fears about “getting high.” And it’s politically reckless.
Republicans have made huge gains in states like Texas, Georgia, and North Carolina by winning over libertarian-minded voters, veterans, and independents. Many of these same voters are using hemp-derived THC legally and safely. Passing bans—at the state or federal level—doesn’t just undercut your message; it alienates your base.
I say this as someone who believes in conservative principles. I believe in free markets. I believe in states’ rights. I believe the federal government should not be dictating what Americans can and can’t put in their bodies—especially when the science supports its safety, and the people have made their preferences clear.
If the GOP continues down this path, it risks not only a backlash at the ballot box but also a broader erosion of the values that once defined it. You cannot call yourself the party of freedom while turning hemp into contraband.
The solution is simple: regulate hemp-derived THC the same way we regulate any other consumer product. Test it, label it, restrict its sale to adults. But don’t ban it. Don’t punish veterans who depend on it. Don’t shut down thousands of small businesses that sprung up in good faith under federal law.
Republicans can still choose a better path. But time is running out. Choose freedom. Choose regulation. Choose the Constitution. Anything less is a betrayal.
