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Senate Passes Funding Bill With Nationwide Hemp THC Cap, Sending Fight to House

A one-year delay in enforcement gives a window for congressional changes, state adjustments, or lawsuits.

Overview

  • The Senate approved a government funding package that redefines hemp to include a per‑container limit of 0.4 milligrams total THC and keeps the 0.3% dry‑weight threshold, a change expected to remove most intoxicating hemp products from convenience retail and online sales.
  • Sen. Rand Paul’s amendment to strip the hemp language failed, and the bill advanced to the House with the provision intact after a vote that left Paul largely isolated within the GOP except for support from Sen. Ted Cruz.
  • If enacted, the restrictions would take effect 365 days after signing, and the White House signaled support for the current hemp language as part of the must‑pass package to end the shutdown.
  • Backers including Sen. Mitch McConnell, 39 state attorneys general, and alcohol industry groups argue the change closes a 2018 Farm Bill loophole and protects children by curbing unregulated intoxicating products such as delta‑8.
  • Industry groups warn the move would devastate a roughly $28 billion market, preempt state regimes, and eliminate a large share of hemp businesses, and they are mobilizing opposition as the House takes up the measure.