Senator Rand Paul Warns New Federal Provision Could Outlaw Hemp Nationwide

The longest government shutdown in history has now ended after President Trump signed the continuing resolution as passed by the Senate and House, but it comes with provisions that may crush the multi-billion-dollar hemp industry that was legalized under the 2018 Farm Bill. Senator Rand Paul called for a Senate vote to remove the provision that was added by Senator Mitch McConnell, but it was voted down 76-24. The provision allows a one-year delay for implementation, which may allow Congress to find a way to keep the industry alive.

Marijuana, the psychoactive cannabis plant, has remained federally illegal despite several states legalizing it and creating recreational dispensaries. Hemp has always been the non-psychoactive cannabis plant that is useful for many applications, including rope, textiles, food, oil, and CBD pain relief. When the 2018 Farm Bill passed, hemp was legalized for the first time since the Marijuana Tax Act of 1937 and the Controlled Substances Act of 1970 made cultivation illegal.

THC is the cannabinoid that is psychoactive and found in marijuana, but only trace amounts occur naturally in hemp. Industry entrepreneurs found a way to utilize a “loophole” to create and sell unregulated psychoactive products with hemp-derived THC artificially. The language added to the continuing resolution by Senator Mitch McConnell limits the amount of THC in the product to 0.4mg per container.

The U.S. Hemp Roundtable (USHR) and other industry experts say that the vast majority of non-intoxicating hemp products on the market contain higher levels than the 0.4mg per container maximum that is allowed according to the latest provisions. Despite the loss, the USHR is optimistic that within the next year, it can help the federal government develop a way to properly regulate hemp without effectively banning it.

USHR wrote on its website, “Rep. Morgan Griffith (R-VA) plans to soon introduce a bill that would replace a total ban with robust regulation of hemp products (exactly what we have been advocating for!), including requiring good manufacturing practices, truth in labeling, bans on synthetic THC, and strong measures to keep products out of the hands of children.”

“The U.S. Hemp Roundtable is eager for the year ahead and the opportunity to right the course for the industry. The support of Senator Paul has afforded our industry the opportunity to ensure our products are around for the seniors that struggle with pain or the veterans that battle anxiety and PTSD,” said Jonathan Miller, U.S. Hemp Roundtable General Counsel. “We are grateful for leaders that understand the true value of hemp and who will continue to advocate for responsible regulations that protect consumers and a uniquely American industry.”

Senator Paul wrote an op-ed for the Courier Journal and said the provision sells out American farmers who are struggling to make ends meet as input costs rise and crop prices decline. Paul said the law is so strict that it would make the hemp plants in the ground illegal. “This rips the rug out from under American farmers, whose investments will be stripped away from them,” Senator Paul wrote.

Senator Paul said he and the hemp industry stakeholders already came to the table willing to have a discussion about reforms to “prevent ‘juicing up’ hemp products with purely synthetic cannabinoids of unknown origin.” Paul said he would also accept a federal ban on synthetic THC products.

Twenty-three states have set their own regulations for hemp-derived THC products, and none of them have set a limit as low as the 0.4mg that Senator McConnell added into the continuing resolution that President Trump signed.

Kentucky, Minnesota, Utah, and Louisiana set hemp-derived THC limits to no more than 5mg per serving. Alabama and Georgia allow 10mg, and Tennessee allows 15mg per serving. These maximum THC levels set by state governments are more than 10 times higher than the 0.4mg allowed in the latest federal provision that would effectively subvert the state’s regulations that have allowed the hemp industry to grow and thrive since the passage of the 2018 Farm Bill.

20.5% of American adults experience chronic pain according to a 2019 health survey. 60% of American adults have used CBD products and believe it has medicinal benefits, according to a Forbes Health survey of 2,000 individuals. 90% of senior citizens over the age of 77 use CBD.

The most common medication prescribed for chronic pain in the United States is opioids, which are responsible for three-quarters of overdose deaths in the country – a total of 80,000 overdose deaths in 2023. In August, the FDA announced new labeling requirements to remove language that could be misconstrued to support indefinite use of opioids. The labels will also state that opioid use should only be used when no other treatments are available, including short-term treatments.

The number of opioid overdoses has increased by 10 times over the rate in 1999 when OxyContin was being marketed as a drug to manage moderate, long-term pain. This past June, Purdue Pharma – the manufacturer of OxyContin – agreed to a $7.4 billion settlement for improper marketing of the drug.

Vice reported in 2017 about the pharmaceutical industry’s attempt to circumvent CBD regulation to only allow FDA-approved products on the shelves, which would effectively provide a CBD monopoly for the pharma industry. The industry has also lobbied heavily against marijuana legalization at the state level, as THC and CBD are both effective cannabidiols used for pain management.

While Senator Paul received $132,000 in campaign support from pharmaceutical companies from 2019 to 2024, according to Open Secrets, Senator McConnell received $713,000. Senator McConnell also received 2.5 times more funding from healthcare professionals than Senator Paul. They are both senators from the state of Kentucky, and Senator Paul is also a doctor.