11/21/2025
Understanding the Federal H**p Ban: What Happened and What Comes Next - November 14, 2025
texash**pbusinesscouncel.com
After successfully opposing state-level h**p restrictions earlier this year, the Texas h**p industry now faces a significant federal challenge. On November 13, 2025, President Trump signed into law a spending bill that includes provisions that will ban 99% of h**p products on the market.
What Happened?
The fight began in the House, where Rep. Andy Harris (R-MD) championed language in the FY2026 agriculture spending bill to redefine h**p by changing the 0.3 percent THC cap to be based on total THC concentration, including all THC isomers and THCA. The House Appropriations Committee approved the bill on June 23, 2025, along pure party lines—35-27.
McConnell’s Surprise Move
During government shutdown negotiations, Sen. Mitch McConnell (R-KY)—who originally championed h**p legalization in 2018—inserted nearly identical h**p restriction language into the Senate’s agriculture spending bill. The provision had been removed by unanimous consent after Sen. Rand Paul threatened to derail it, but McConnell revived it in the continuing resolution.
Sen. Rand Paul filed an amendment arguing the language “will eliminate 100% of the h**p products in our country,” but it was tabled 76–24. The bill passed with a ban on h**p-derived products containing more than 0.4 milligrams of THC per container, with a one-year implementation period
Timeline of Congressional Action
November 10 – Senate Vote
The Senate passed the appropriations package 60-40. Sen. Rand Paul (R-KY) proposed an amendment to remove the h**p restriction language, but a motion to table his amendment passed 76-24.
Texas Sen. Ted Cruz voted against tabling the amendment, stating that h**p regulation “should rest with each individual state.”
Sen. John Cornyn voted to table it.
November 12 – House Vote
The House voted 222-209 to pass the funding package. Rep. Thomas Massie (R-KY) filed a similar amendment to remove the h**p ban language, but the House Rules Committee did not advance it for consideration.
November 13 – Presidential Signature
President Trump signed the legislation, with the White House confirming support for the h**p restriction provisions. Trump has not made a public statement on the matter.
What the New Law Does
TLDR: The short version and most important pieces for the consumable h**p industry-
THC Limit: Products may contain no more than 0.4 milligrams of total THC per container
Natural Cannabinoids Only: Restricts cannabinoids to those naturally produced by the cannabis plant
Total THC Measurement: Measures both THC and THCA together
Implementation Timeline: Takes effect November 13, 2026 – 1 year from signing
Before we dive into what changed, it’s important to understand what legal foundation we’re actually talking about.
The 2018 Farm Bill (officially the Agriculture Improvement Act of 2018) amended the Agricultural Marketing Act of 1946 by adding a new section (Subtitle G) that defined h**p and created the regulatory framework for h**p production. It also amended the Controlled Substances Act to exclude h**p from the definition of ma*****na.
So when McConnell inserted his h**p restrictions into the November 2025 continuing appropriations bill, he wasn’t rewriting the Farm Bill itself—he was amending the same section of the Agricultural Marketing Act of 1946 that the 2018 Farm Bill had originally created.
Why does this matter?
Because this new language could become permanent federal law. It doesn’t expire with the Farm Bill or need to be renegotiated in future appropriations cycles. McConnell essentially went back to the legal foundation of h**p legalization and rewrote the rules at the source.
The Core Changes to H**p Law
Redefining the 0.3% THC Threshold The law now explicitly includes Total THC—meaning all tetrahydrocannabinol compounds, including THCa (the acidic precursor to delta-9 THC found in raw plants)—in the 0.3% dry weight calculation.
Creating Two Categories of H**p The law splits h**p into two distinct classifications:
Industrial h**p – grown for stalks, fiber, seeds, grain, oil, or non-cannabinoid uses
Cannabinoid h**p – everything else
New Product Restrictions H**p-derived cannabinoid products are now excluded from the definition of “legal h**p” if they contain:
Cannabinoids not naturally produced by the plant
Naturally-occurring cannabinoids that were synthesized outside the plant
More than 0.3% total THC (for intermediate products) or 0.4mg total THC per container (for final retail products)
Any other cannabinoids with similar intoxicating effects to THC, as determined by the Department of Health and Human Services
What Counts as Industrial H**p? The law carves out specific exemptions for:
H**p grown for stalk, fiber, seeds, grain, or oil production
Microgreens and edible leaf products from immature plants
H**p used solely for research at universities or independent institutes
Viable seeds produced only for industrial purposes
Key Definitions You Need to Know
The law introduces three new regulated terms:
H**p-derived cannabinoid product: Any intermediate or final product from cannabinoid h**p that contains cannabinoids and is intended for human or animal use (inhalation, ingestion, topical).
Intermediate h**p-derived cannabinoid product: Products not yet in final form—powders, liquids, oils meant to be mixed or formulated before consumption.
Container: The innermost retail packaging in direct contact with the product (jar, bottle, bag, can, cartridge)—excludes bulk shipping containers or outer wrapping.
Timeline and Requirements
Effective Date: The law takes effect 365 days after signing (November 12, 2026)
FDA Action Required: Within 90 days, the FDA must publish:
A list of all cannabinoids naturally produced by Cannabis sativa L
A list of all THC-class cannabinoids naturally occurring in the plant
A list of cannabinoids with similar effects to THC (or marketed as such)
Additional clarification on what qualifies as a “container”
The Alcohol Industry Position
On November 10, 2025, several alcohol industry trade associations sent a letter to senators opposing Sen. Paul’s amendment to remove the restriction language.
The American Distilled Spirits Alliance, Beer Institute, Distilled Spirits Council of the U.S., Wine America, and Wine Institute urged senators to vote against the Paul amendment. Their letter stated they were “ready to work with Congress and the Administration to enact meaningful regulations” after the current provisions take effect.
Notably, a separate coalition of over 50 alcohol distributors sent their own letter opposing the restrictions, noting that “h**p products have created jobs, driven new investment, and helped us meet changing consumer demand.”
What Stakeholders Can Do
The Texas H**p Business Council recommends:
Engage with elected representatives: Contact your congressional delegation to share how these provisions affect your business, farm, or employment. FEDERAL ACTION CETNER
Stay informed: Follow legislative developments and participate in advocacy initiatives.
Support unified action: Collaboration among farmers, manufacturers, retailers, and consumers is essential.
Join THBC: Strengthen collective advocacy efforts and donate to THBC if you are able. We will be using funds for lobby efforts, social campaigns, and PR. MEMBERSHIP
Moving Forward Together
The one-year implementation timeline provides an opportunity for legislative solutions. Restrictions do not take effect until November 2026.
