Hidden Hemp Recriminalization Provision Signed into Law
The 2018 Farm Bill's Legacy Undone in Shutdown Deal
Published on November 16, 2025
The Shutdown is Over, But Hemp Pays the Price
WASHINGTON, D.C. — President Trump signed the continuing resolution into law on November 13, 2025, officially ending the longest government shutdown in U.S. history and restoring funding to the Department of Agriculture, FDA, and other critical agencies through March 2026. The $1.2 trillion appropriations package (H.R. 5371) passed the Senate 60-40 on November 10 and the House on November 12. While federal workers return and services resume, a buried provision has recriminalized most intoxicating hemp-derived THC products—effectively gutting the 2018 Farm Bill that Trump himself championed and signed.
The Provision: Redefining Hemp to Ban Delta-8 and Beyond
The amendment redefines "hemp" under the Controlled Substances Act, excluding any product with quantifiable THC—including delta-8, delta-10, THCO, and similar variants. This closes the 0.3% THC loophole that birthed a $28 billion industry with over 300,000 jobs, offering affordable, federally legal alternatives to state-regulated cannabis.
Spearheaded by Senate Minority Leader Mitch McConnell (R-KY)—the original architect of the 2018 hemp legalization—the change includes a one-year grace period before a nationwide sales ban in gas stations, online, and convenience stores. Non-intoxicating CBD and industrial hemp remain legal, but the focus is on "unregulated" edibles, vapes, and drinks that mimic marijuana effects. Sen. Rand Paul (R-KY) led a failed effort to strip the language, joining 22 Democrats in opposition.
The ban overrides state laws, threatening markets in Texas, Florida, and beyond. The U.S. Hemp Roundtable called it a "devastating betrayal," warning of farm closures and job losses nationwide.
Industry Outcry and Bipartisan Fallout
The U.S. Hemp Roundtable stated: "This threatens to eliminate America’s $28.4 billion hemp industry and jeopardizes more than 300,000 American jobs." Kentucky farmers—ironically in McConnell's state—had pleaded in September 2025 to preserve the framework he once celebrated.
Bipartisan pushback continues: Rep. Andy Harris (R-MD) backed the House version, while the bill also omitted VA medical cannabis recommendations approved earlier this year. Meanwhile, 39 state attorneys general support the hemp curbs to protect youth from unregulated products.
Impact on the $30 Billion Cannabis Ecosystem
The law redirects billions from gray-market hemp to licensed dispensaries, potentially boosting state tax revenue but crushing innovation. In legal states like California and Colorado, it evens competition but disrupts supply chains. Globally, it signals U.S. regulatory chaos amid expansions in Canada and Europe.
Industry leaders are mobilizing legal challenges and eyeing the 2026 Farm Bill reauthorization for reversals. One Wisconsin hemp operator told reporters: "This isn't reform—it's extinction."
Conclusion
The shutdown is resolved, but hemp's future hangs in the balance. As the one-year clock ticks, will Congress reverse course? Share your thoughts below.
References
- Lynnwood Times, "Federal funding passes first hurdle, contains provision gutting hemp-derived products," November 9, 2025. Link
- Marijuana Moment, "Trump Signs Bill To Recriminalize Hemp THC Products, Years After Approving Their Legalization," November 13, 2025. Link
- High Times, "Hemp Ban Hidden Inside Government Shutdown Bill. Mitch McConnell Backed The Move," November 10, 2025. Link
- Independent Voter News, "Hemp-Derived THC Ban Passes US Senate," November 11, 2025. Link
- Akerman LLP, "Congress Enacts Sweeping Recriminalization of Hemp-Derived THC Products in Federal Spending Bill Ending Government Shutdown," November 13, 2025. Link
- Axios, "Government shutdown bill is also set to ban these THC, hemp products," November 13, 2025. Link
- DTN Progressive Farmer, "Funding Bill Passes Senate to Reopen the Government and Extend Farm Bill Programs," November 11, 2025. Link
- Roll Call, "Senate passes spending package in key step to end shutdown," November 10, 2025. Link
- MassLive, "How the plan to reopen government could set legal hemp back years and risk 300k jobs," November 11, 2025. Link
- Cannabis Business Times, "Hemp Product Ban Included in Deal to Reopen Government," November 13, 2025. Link
