U.S. Senate Rejects Amendment to Keep Federal Hemp THC Ban on Track for November
- The U.S. Senate rejected an amendment to remove a proposed delay on the federal ban of most hemp-derived THC products, keeping the postponement in place until December 11.
- The delay, supported by bipartisan lawmakers and the Trump administration, is included in the spending bill H.R. 6500, intended to keep the government funded through December 11.
- The new restrictions, initially set for November 12, would significantly limit hemp-derived THC products by capping THC levels, affecting many products currently sold nationwide.
- The Senate must still pass the full spending bill for the delay to become law, and certain synthetic cannabinoids will not be delayed and will become prohibited on November 12.
The U.S. Senate has rejected an amendment to a federal spending bill that would have removed a proposed delay to the upcoming federal ban on most hemp-derived THC products.
The vote to table the amendment came Saturday at around 3:15am ET, during consideration of H.R. 6500, a federal spending bill that would keep the government funded through December 11. Senator Klobuchar (D-MN) spoke in favor of tabling the amendment, emphasizing that the delay has bipartisan support.
The Senate version of the legislation includes language postponing most of the upcoming federal hemp restrictions from November 12 until December 11. With Budd’s amendment rejected, that provision remains in the bill.
If H.R. 6500 is enacted with the language intact, hemp businesses would receive roughly one additional month before most of the new restrictions take effect. Lawmakers, including Senator Ted Cruz (R-TX), say this “gives Congress and the Administration time to negotiate a more substantial bill”.
The underlying restrictions were approved by Congress last year and signed into law by President Trump. They significantly narrow the federal definition of legal hemp, including by establishing a limit of 0.4 milligrams of total THC per container for final hemp-derived cannabinoid products.
The change is expected to prohibit most hemp-derived THC products currently sold nationwide, including many beverages, gummies and other products that entered the market following passage of the 2018 Farm Bill. These products are regularly available online and at locations such as gas stations and smoke shops, even in states where recreational and sometimes even medical cannabis remains prohibited.
Certain synthetic cannabinoids would not receive the additional time under the Senate proposal and would still become federally prohibited November 12.
Budd sought to eliminate the broader delay, arguing that Congress should allow the restrictions to take effect as originally scheduled. The Senate parliamentarian ruled Thursday that his amendment was germane, allowing it to be considered with a simple-majority threshold.
The Trump administration supported keeping the short extension in place. Trump personally spoke with Budd this week and urged him to support the delay, while White House officials have said the additional time could be used to pursue a broader framework for hemp-derived products.
The rejection of Budd’s amendment does not by itself change federal law. The Senate must still approve H.R. 6500, and the hemp-delay provision would need to survive the remainder of the legislative process before reaching the president.
If enacted as written, the broader federal hemp restrictions would take effect December 11 rather than November 12, unless they are further delayed, revoked or altered.