In a contentious move that could reshape the future of hemp in America, the U.S. Senate Appropriations Committee has approved a spending bill that aims to restrict the sale of intoxicating hemp-derived products. But in a temporary concession, lawmakers agreed to delay the ban’s implementation for one year—giving farmers and businesses time to prepare for a potentially devastating shift.

The bill, which funds the Agriculture Department and FDA for the next fiscal year, includes language that would effectively prohibit any consumable hemp product containing a "quantifiable" amount of THC. That includes delta-8 and delta-10 THC, cannabinoids synthesized from hemp and known for their psychoactive effects—but also threatens widely sold CBD products, which almost always contain trace THC.

A Legacy Rewritten?

The move is widely seen as being pushed by Senator Mitch McConnell (R-KY), the same lawmaker who helped legalize hemp through the 2018 Farm Bill. Now, McConnell is calling for a return to what he describes as the original intent: to foster an agricultural market, not a gray zone for lab-made intoxicants.

“This isn’t about shutting down CBD entirely,” McConnell has said. “It’s about closing loopholes that have allowed unregulated psychoactive substances to enter the marketplace, especially those targeted at kids.”

But industry experts argue the language is dangerously vague—and potentially sweeping in scope.

“Even non-intoxicating products could get caught in this,” said Jonathan Miller, general counsel of the U.S. Hemp Roundtable. “We need strong regulation, not blanket prohibition.”

The One-Year Reprieve

Senator Jeff Merkley (D-OR) negotiated the delay, voicing concern that the bill would create more problems than it solves. Merkley, a longtime supporter of hemp research and cultivation, acknowledged that bad actors had exploited the system, but emphasized the need to protect legitimate players in the CBD and wellness spaces.

“This one-year pause is critical,” Merkley said during the committee hearing. “We need to find a way to separate intoxicating synthetics from beneficial, non-hallucinogenic cannabinoids.”

Under the delayed timeline, hemp farmers can continue to operate under the existing regulatory framework until mid-2026—although few expect the debate to cool down in the meantime.

What’s Really at Stake

If enacted as-is, the proposed changes would upend much of the $28 billion hemp economy. Current federal rules define legal hemp as cannabis with less than 0.3 percent THC by dry weight. That threshold allows for trace amounts of THC, even in non-intoxicating products like full-spectrum CBD oil, topicals, and edibles.

The Senate bill, however, would prohibit any product with “quantifiable” THC—potentially outlawing over 90 percent of hemp consumables on the market.

Even Epidiolex, an FDA-approved CBD medication, had to go through significant regulatory hurdles because of its cannabinoid content. The Senate bill makes a narrow carveout for such approved pharmaceuticals, but offers no clarity for supplements, beverages, or cosmetic products.

Divided Industry, Divided Congress

The proposal has created rare alignment between legacy cannabis operators and mainstream hemp producers. Both groups warn that without a workable regulatory framework, the crackdown could collapse jobs, kill small businesses, and drive the cannabinoid market back underground.

“There’s a way to protect kids and consumers without wiping out the entire sector,” said one New York-based CBD brand owner. “We need a national standard for testing, labeling, and enforcement—not whiplash legislation.”

Meanwhile, Representative Andy Harris (R-MD), the architect of a similar House bill, dismissed concerns about economic fallout. “There was no opposition in committee,” he said. “The intent is to stop intoxicating products—not legitimate industrial hemp.”

Senator Rand Paul (R-KY), a vocal opponent of the ban, took it further: “This would destroy the American hemp industry,” he said in a recent statement. “You wouldn’t even be able to sell CBD oil.”

Paul has introduced his own competing legislation—the HEMP Act—which would raise the allowable THC limit in hemp and provide greater flexibility for farmers and processors.

Looking Ahead

The Senate version of the bill includes a reporting mandate requiring the FDA and USDA to assess the projected impact on the cannabinoid marketplace. Their findings, due within 180 days of enactment, are expected to influence the next round of negotiations and could shape the 2026 Farm Bill.

Alcohol industry leaders have also entered the fray, calling on Congress to clarify rules instead of banning products. The Wine & Spirits Wholesalers of America warned that the current approach would “push the industry into the shadows,” undercutting consumer safety and state-level oversight.

For now, the hemp world is on high alert. A countdown has begun—and the decisions made in the next twelve months could determine the fate of an entire ecosystem of wellness, agriculture, and innovation.

Hemp Ban, CBD, Delta-8 THC, Senate Bill 2025, Mitch McConnell, Jeff Merkley, Rand Paul, U.S. Hemp Roundtable, Industrial Hemp, Federal Regulation, Cannabis Policy