A group of senators are calling on their colleagues to ensure hemp-derived cannabinoid products aren’t banned via a spending bill.
In 2018, Senators Ron Wyden and Jeff Merkley worked with then-Senate Majority Leader Mitch McConnell and Senator Rand Paul to secure language in the Farm Bill to legalize hemp products at the federal level. But the language only made reference to delta-9 tetrahydrocannabinol (THC) limits. THC can come in many forms, such as delta-8 and delta-10; both of which are also intoxicating.
While hemp is naturally low in these compounds, they can be produced by manipulating a non-intoxicating cannabinoid called cannabidiol (CBD); which hemp can be high in. Consequently, intoxicating hemp-cannabinoid products have flooded many US markets — and some federal lawmakers want them banned.
But Senators Wyden and Merkley, along with other several other senators, say such a ban would ‘decimate’ the USA’s hemp industry and impact on the ability of states to prevent unsafe products from getting into the hands of children.
A letter from the group instead suggests legislation to regulate such products, specifically:
- Restricting the sale and possession of hemp products to adults over age 21
- Standardizing packaging and labeling to eliminate snack products that appeal to children.
- Prohibit synthetic or artificially derived products.
- Require independent third-party laboratory tests for consumable hemp-derived cannabinoid products.
The term “synthetic” represents another can of worms and would need to be very clearly defined. Some would say turning CBD into THC would qualify as ‘synthetic’ product. Others, including the Hemp Industries Association, have argued in the past that it wouldn’t; as there is no generally accepted definition in US law for the term.
The letter also argues that under language previously struck by the Senate from the FY26 Ag-FDA Appropriations Bill, a hemp-derived cannabinoid product with 5 milligrams of CBD and .01 milligram of THC (a trace amount) would again be a Schedule I substance under the Controlled Substances Act.
“The language in the FY26 AgFDA Appropriations Bill, however, did nothing to protect non-psychoactive CBD products—yet another reason the Senate voted to strike this language from the bill in July.”
The full text of the letter can be viewed here.
