The Great 'Hemp Regulation' Debate

The federal legalization of hemp through the 2018 Farm Bill, spearheaded by Senator Mitch McConnell (R-KY), was initially seen as good news for the agricultural industry. However, this legislation inadvertently opened what opponents call a "loophole" that has led to a burgeoning market of so-called intoxicating hemp-derived products, creating a complex and shifting regulatory landscape at both federal and state levels. This has sparked an intense debate between those advocating for stricter bans and those pushing for comprehensive regulation to protect both public health and the economic viability of the hemp industry.

Senator Mitch McConnell, Governor Greg Abbott, Lieutenant Governor Dan Patrick and Senator Rand Paul

Federal Legislative Tug-of-War

In the U.S. Senate, a significant conflict has emerged, particularly between Kentucky Senators Rand Paul and Mitch McConnell, both of whom have an interest in Kentucky's hemp crop.

• Senator Rand Paul's Opposition to Bans: Senator Paul has been a vocal opponent of any legislative language that would lead to an outright prohibition of consumable hemp items containing THC. He argues that such a ban would "completely destroy" the hemp and CBD industry, which he views as beneficial for consumers, the economy, and agriculture. Paul went as far as threatening to procedurally block the Senate's spending bill covering agriculture (Ag/FDA appropriations bill) if provisions banning these products remained intact. His office indicated he seeks a "holistic change" to the controversial hemp language. Paul has also proposed the Hemp Economic Mobilization Plan (HEMP) Act, which would triple the legal concentration of THC in hemp while addressing other industry concerns.

Senator Mitch McConnell's Stance on "Bad Actors": While McConnell championed the 2018 Farm Bill, he has expressed concerns about the "proliferation of largely unregulated intoxicating hemp and cannabis products" and the "bad-actor loophole" that has allowed the sale of products like delta-8, which have psychoactive effects. He initially supported language in the agriculture appropriations bill that would ban consumable hemp products with any "quantifiable" amount of THC, emphasizing that his intent was to ensure industrial hemp and CBD remain legal while addressing products marketed in "appealing snack and candy-like" packaging that could endanger children. Although his language was stripped from the bill to allow its advancement, McConnell has stated his efforts to "root out bad actors, protect our children, support farmers and reaffirm our original legislative intent will continue".

• Proposed Compromises and Industry Views: A tentative deal was reached to strip McConnell's restrictive language, with Paul filing an amendment that would exclude cannabinoids not naturally produced by Cannabis sativa L. plants, or those synthesized outside the plant, while maintaining the 0.3% delta-9 THC concentration limit for naturally occurring cannabinoids and their derivatives. The industry, represented by groups like the U.S. Hemp Roundtable, is actively seeking federal regulations. Even an alcohol industry association, the Wine & Spirits Wholesalers of America (WSWA), has called on Congress to permit naturally derived cannabinoids while prohibiting synthetic ones, noting that current proposed bans are widely seen as a complete prohibition. Cannabis is even considered a "significant threat" to the alcohol industry, with some data suggesting it's used as a substitute for alcoholic beverages. The Congressional Research Service (CRS) also reported that such bans would "effectively" prohibit hemp-derived cannabinoid products, although an updated report excluded CBD from this assertion.

Texas: A Microcosm of the National Debate

Texas has become a battleground in this national debate, reflecting the tension between outright prohibition and regulation.

• Governor Greg Abbott's Call for Regulation: Governor Greg Abbott recently vetoed Senate Bill 3, a bill that would have imposed one of the strictest bans on hemp intoxicants in the nation, making it a crime to possess or sell consumable hemp products with any "detectable amount of THC". Abbott explicitly urged lawmakers to return for a special session to "strongly regulate hemp" instead of banning it, suggesting a regulatory framework similar to alcohol sales, including an age restriction of 21 and penalties for non-compliance. He has indicated he supports banning intoxicating consumable THC products with more than 3 milligrams of THC and a full ban on "extraordinarily dangerous synthetic products".

Lieutenant Governor Dan Patrick's Push for a Ban: Lt. Gov. Dan Patrick, a "hard-line conservative," has been a key proponent of banning hemp intoxicants. He argues that the products are akin to drugs, are often "marketed to kids with names and packaging that resemble candy," and are leading to increased poison control calls and emergency room visits. Patrick contends that regulating the market is impractical due to the thousands of licensed sellers and that it would amount to "de facto legalization of marijuana". He is determined to ban products that he believes exploit loopholes in the 2018 federal law, which allowed cannabis plants with less than 0.3% Delta-9 THC, but did not explicitly cap other psychoactive forms like Delta-8 and Delta-10.

• Senate Bill 5 and its Implications: Despite Abbott's veto, the Texas Senate quickly passed a nearly identical bill, Senate Bill 5 (SB 5), which is now under consideration in the House. SB 5 aims for a "blanket ban on products containing any 'detectable amount of any cannabinoid' other than cannabidiol (CBD) and cannabigerol (CBG)," effectively prohibiting delta-8, delta-9, and all intoxicating forms of THC. Proponents of the ban, including law enforcement, emphasize concerns about the lack of regulation, product testing, dosage standards, and central licensing.

• Arguments Against a Ban and for Regulation in Texas:

  
  

  • Economic Impact: Industry experts estimate Texas sales of hemp intoxicants have reached over $4 billion a year, and advocates warn that a ban would "destroy the American hemp industry" and close hundreds of businesses.

  • Health and Accessibility: Many Texans, including the 65,000 veterans represented by the Texas VFW, rely on hemp-derived consumables as an "affordable, accessible and effective" alternative for managing chronic pain, PTSD, and as an alternative to alcohol and opioids.

  • Proposed Regulatory Solutions: Some lawmakers have proposed alternative regulatory bills. Senator Nathan Johnson (D-Dallas) filed bills to create safety standards, including a minimum age of 21, a cap of 5 mg of THC per serving, mandatory child-safe packaging, and directing tax revenue to public health and law enforcement. Other proposals include warning labels for potential health risks and protections for consumers who unknowingly purchase products with illegal THC levels.

• State-Level Trends: Texas's debate mirrors similar discussions in other states. California has imposed a temporary ban on hemp-derived intoxicants, citing harm to minors, while Washington State restricts sales to cannabis dispensaries. In contrast, Florida's Governor Ron DeSantis, a Republican, vetoed a strict ban and suggested regulation. Illinois Democrats are divided on the issue.

  
  

The shifting landscape of hemp regulation highlights a national tension as lawmakers grapple with how to balance consumer access, industry growth, and public health, particularly concerning intoxicating hemp-derived products.

Bibliography

• "Bipartisan Senators Say Deal On Hemp Is Within Reach As New Amendment To Ban Synthetic Cannabinoids Is Filed - Marijuana Moment".

• "GOP Senator Threatens To Block Spending Bill If Hemp THC Product Ban Stays In, Sources Say - Marijuana Moment".

• "Gov. Greg Abbott Vetoes Ban on Hemp Intoxicants in Texas - The New York Times".

• "McConnell accuses Paul of not supporting Kentucky farmers in federal hemp ban dispute.pdf".

• "S.Amdt.3071 to S.Amdt.2977 to H.R.3944 - 119th Congress (2025-2026) Congress.gov  Library of Congress.

• "Texas Senate approves second attempt to ban hemp-derived THC despite concerns for economic fallout and veterans' access - ABC13 Houston".

• "Texas Senate committee advances new THC ban during special legislative session - CBS Texas".

• "Texas Senate passes THC ban bill, sends it to House for consideration - CBS Texas".

• "Texas must stand firm against the THC industry. Here's why _ Opinion".