The Senate on Friday voted 61-32 to table a bipartisan amendment that would have stripped a one-month delay from a federal ban on most hemp-derived THC products, effectively allowing the ban to be postponed until Dec. 11. The move came after a tense standoff in which opponents of the delay had blocked consideration of the stopgap spending bill, demanding a vote on their measure.
The amendment, led by Sen. Ted Budd (R-N.C.) and backed by about a dozen other senators, sought to eliminate the delay provision that was inserted into the underlying legislation at the urging of the White House. The administration has prioritized delaying or revising the hemp ban, which was signed into law by President Trump last year as part of a broader spending bill to end a record-long government shutdown.
The ban, originally set to take effect Nov. 12, would redefine hemp to close what critics have called the “hemp loophole” created by the 2018 Farm Bill, which removed hemp from the controlled substances list. The fix was championed by Sen. Mitch McConnell (R-Ky.), who argued it would protect children from dangerous, unregulated products.
Hemp industry groups and their allies are hailing the one-month delay as a significant victory, giving them additional time to convince lawmakers to regulate rather than outright ban their products. They argue that the ban would collapse a multi-billion-dollar industry that has grown rapidly since hemp was legalized.
But the fight is far from over. Budd and his supporters have indicated they will renew their efforts in the fall and winter, as the funding bill only lasts through Dec. 11. White House officials have reportedly told senators they will not request another delay, setting up a potential showdown when the funding deadline approaches.
During the debate, Centers for Medicare and Medicaid Services administrator Mehmet Oz urged senators to oppose the amendment, warning that it could interfere with an agency pilot program that allows access to certain hemp-derived products. Budd dismissed that concern, questioning why unregulated intoxicating edibles need to be sold at gas stations for CMS to study hemp-derived pain relief. “Why should we allow these products on shelves for one more day when someone could make a decision that will alter their future by buying them?” Budd wrote on social media.
The Senate's decision to table the amendment clears the way for the chamber to pass the stopgap funding bill and avoid a government shutdown, but the underlying policy battle over hemp regulation is likely to continue. The delay gives proponents of the ban and industry advocates alike more time to press their case, with the next deadline looming in December.
As the Senate heads into its five-week recess, the issue remains a flashpoint within the GOP, with some lawmakers siding with the industry and others backing the administration's position. The coming months will be crucial in determining the fate of a product that has become a significant part of the American consumer market.
