The U.S. Senate has advanced a spending package to end the government shutdown, by a vote of 60 to 40. Included in the legislation is a nationwide ban on hemp products that contain above 0.4mg THC.
The Senate’s vote officially ends debate on the bill through a cloture motion. It’s expected to receive final approval on Monday. It will then be sent back to the House for consideration. Approval by the House would send the measure to President Trump, who is expected to quickly sign it into law if given the opportunity.
The proposal would effectively recriminalize a wide range of hemp-derived products by capping total THC content at just 0.4 milligrams per product, a threshold that would outlaw most items currently sold in gas stations, convenience stores, and online marketplaces. Hemp-derived THC products have proliferated across the U.S. following the legalization of hemp via the 2018 farm bill.
The measure advanced by the Senate would rewrite the federal definition of legal hemp, which has been in place since President Trump signed the farm bill. That law allowed hemp to contain up to 0.3% delta-9 THC on a dry-weight basis. The new language replaces that limit with a cap applying to total THC, including delta-8, delta-10, and any other cannabinoid with intoxicating effects. It would also prohibit any hemp-derived cannabinoid that is manufactured outside the plant’s natural processes.
The bill goes further by banning “intermediate” hemp-derived cannabinoids sold directly to consumers. Within 90 days of enactment, federal agencies would be required to publish formal lists of all naturally occurring cannabinoids, all THC-class compounds, and any cannabinoids with similar effects.
The provisions are part of a broader appropriations package negotiated by Senate Appropriations Chair Susan Collins and Senator Patty Murray, along with House Appropriations Chair Tom Cole.
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