McConnell Hemp Provision Targets Intoxicating THC Products; Protects Industrial Hemp and CBD

Washington, D.C. - U.S. Senator Mitch McConnell (R-KY) secured language in the FY 2026 Senate Agriculture Appropriations bill to close a loophole that has allowed the sale of unregulated intoxicating THC products to be manufactured and sold nationwide, while preserving non-intoxicating CBD and industrial hemp products. The measure locks in the original intent of the 2018 Farm Bill, which sought to create an agricultural hemp industry, not open the door to the sale of unregulated, intoxicating, hemp-derived substances with no safety framework.

Senator McConnell, a senior member of the Senate Agriculture and Appropriations Committees, played a key role in crafting the legislation. "The language I helped secure in the Agriculture Appropriations bill addresses a serious concern regarding the manufacturing and selling of unregulated, intoxicating THC products nationwide," said Senator McConnell.

Once the FY 2026 Agriculture Appropriations bill passes in the Senate and the House, it will go to President Trump for his signature.

The hemp provision would accomplish the following:

• Industrial hemp: Defines "industrial hemp" to clarify that hemp that is used for industrial applications - such as seed, stock, fiber, grain oil - or hemp used in federally authorized research, drug trials, or research at an institution of higher education, including at the University of Kentucky College of Agriculture.
• Synthetic "hemp" products: Prohibits synthetic cannabinoids.
• THC Limits in final hemp products: Excludes intoxicating THC products that contain more than 0.4 milligrams of THC per package/container from the definition of hemp.
• Preserves Farm Bill definition in hemp plants: Leaves in place the 0.3% limit on total THC for hemp plants growing in the field.
• Protects CBD: Does NOT place any limits on the amount of non-intoxicating CBD products that can be in a product or container. Industrial hemp and CBD products that contain traceable or low amounts of THC would continue to be legal.
• Implementation and Guidance: To help give our hemp farmers ample time to prepare for their future, the legislation also contains a one-year implementation delay and requires FDA to establish industry guidance within 90 days.

"The language included in today's bill preserves the legitimate hemp industry while addressing the rise of intoxicating and synthetic THC products. Industrial hemp and CBD will remain legal for industrial applications - such as seed, stock, fiber, grain oil - or used in drug trials, federally authorized research, or research at an institution of higher education, such as the University of Kentucky College of Agriculture's Industrial Hemp Research Program," said Senator McConnell. "I am proud to have championed this language that keeps these products out of the hands of children, secures the future of regulated hemp businesses, and keeps our promise to American farmers and law enforcement by clarifying the intention in the 2018 Farm Bill"

"These psychoactive products are being sold openly in vape shops and convenience stores with little to no regulation, making them readily accessible to middle and high school students. Their intoxicating effects can impair judgment, hinder academic performance, and increase the likelihood of progression to more dangerous substances. The KNOA is far more concerned for the welfare of our youth than for the profits of an industry that converts hemp into such harmful products," said Tommy Loving, Executive Director of the Kentucky Narcotic Officers' Association. "The Kentucky Narcotic Officers' Association commends Senator Mitch McConnell for his continued leadership in working to close this loophole. Senator McConnell has long been an advocate for protecting children and supporting law enforcement efforts to keep our communities safe."

"Our community works together to keep all of our children safe from many threats. Unfortunately, the proliferation of vaping products that contain delta-8, delta-9, and delta-10, are readily available at retail outlets in all areas of our community. These vapes are being purchased and used by students as young as 10 years old. Students, who many times are trying vaping for the first time, are being exposed to intoxicating hemp products and the results are dangerous. We have created a system that does not provide safeguards to protect our K-12 students from these dangerous products. I commend Senator McConnell for working to close these loopholes in order to protect every child in Kentucky," said Gary Fields, Bowling Green Independent School District Superintendent.

"Senator McConnell's steadfast leadership since 2013 has been instrumental in establishing industrial hemp as a critical new commodity, paving the way for growth in American agriculture and manufacturing. The National Hemp Association looks forward to working with him and his colleagues to secure a promising future for our nation's hemp farmers and the many benefits hemp provides," said Geoff Whaling, Chair of the National Hemp Association.

Additional Support for the Legislation

• 39 Attorneys General wrote to Congress regarding the legislation on intoxicating hemp-derived THC products.
  • In the letter, they write, "We ask that Congress clarify the federal definition of hemp during the Fiscal Year 2026 appropriations process or through the reauthorization of the Farm Bill to leave no doubt that these harmful products are illegal and that their sale and manufacture are criminal acts… Many of these products-created by manufacturers by manipulating hemp to produce synthetic THC-are more intoxicating and psychoactive than marijuana a Schedule I controlled substance and are often marketed to minors. Unless Congress acts, this gross distortion of the 2018 Farm Bill's hemp provision will continue to fuel the rapid growth of an underregulated industry that threatens public health and safety and undermines law enforcement nationwide."

• Health and safety groups from across the country wrote to Congress regarding the impact this issue is having - especially on children --- and the need to address it.
  • In the letter, they write, "The 2018 Farm Bill's definition of hemp has been interpreted by the hemp industry as "legalizing" hemp-derived THC and all other psychoactive substances derived from hemp…that have similar effects as delta-9 THC The current definition of hemp has created serious challenges for regulators and public-health officials, while fueling widespread, largely unmonitored sales of highly intoxicating products. These substances are now sold nationwide - in gas stations, convenience stores, head shops and online - in ways that are purposely made both accessible and attractive to youth.3-7 These substances are often sold in the form of gummies, chocolates, chips, candies, and cookies… There have been thousands of calls to U.S. poison control centers from use of these products, more than 30% for children 5 years and younger."

• Op-ed by Dr. Matt Rossheim, a professor, substance use prevention researcher, and parent in Fort Worth, Texas, where he writes that "Congress must close this loophole, restore hemp to its intended purpose as stated by the sponsors of the original bill, and protect kids before more families are harmed."
  • In the op-ed, Dr. Rossheim writes: "Since 2021, poison control centers have handled more than 10,000 delta-8 THC cases. In Kentucky, pediatric cannabis poisonings have increased sixfold since 2018, and youth presenting with Cannabis Hyperemesis Syndrome - severe pain with uncontrollable vomiting - have risen tenfold. No parent should have to wonder whether a pack of gummies at the corner store could send their child to the ER… Some claim that banning intoxicating THC products would destroy the entire hemp market. But hemp has countless legitimate uses: nutritious foods and animal feed, durable textiles, sustainable building materials, eco-friendly plastics, rope, clothing, biofuels, and cosmetics, to name a few. To suggest these markets can't survive without marijuana look-alikes is like saying corn farmers can't thrive without moonshine. It's simply not true."

###

Permalink: https://www.mcconnell.senate.gov/public/index.cfm/2025/11/mcconnell-hemp-provision-targets-intoxicating-thc-products-protects-industrial-hemp-and-cbd