The U.S. Senate has voted to push back a federal ban on intoxicating hemp THC products, giving Congress four more weeks to consider whether those products should be regulated instead of barred from the market.
In a 61-32 vote on Aug. 8, senators moved to postpone the ban through at least Dec. 11 as part of a continuing resolution to keep the government funded at current levels until that date. The broader stopgap funding measure passed shortly before 5 a.m. on Aug. 8 by a 90-6 vote, the Senate’s final action before beginning its August recess.
If enacted, the Senate plan would allow intoxicating hemp products containing cannabinoids capable of being naturally produced by the hemp plant, including delta-8 THC, delta-10 THC and THCP, to remain available at gas stations, smoke shops and convenience stores beyond the current Nov. 12 deadline. The extension would not apply to products containing cannabinoids not capable of being naturally produced by the plant.
The vote came after Sen. Ted Budd, R-N.C., sought to remove the delay and keep the Nov. 12 implementation date in place. Speaking on the Senate floor early Saturday morning, Budd said, "Nine months ago, both Republicans and Democrats, they overwhelmingly voted to close the hemp loophole. Happened right here. They wanted to stop intoxicating hemp products from being sold and marketed to kids. It’s no accident that these products are made to look exactly like something that a kid would want."
Budd was referring to a November 2025 appropriations package passed to end the longest government shutdown in U.S. history. That package included an agricultural spending bill redefining hemp as a plant containing no more than 0.3% total THC or other cannabinoids with similar effects. It also set a ban on hemp-derived products containing more than 0.4 milligrams of total THC per container, as well as products containing synthetic or unnatural cannabinoids, with a Nov. 12, 2026, implementation date.
Those provisions were intended to address what many have described as a loophole in the 2018 Farm Bill, which defined hemp as having no more than 0.3% delta-9 THC, as tested on pre-harvested plants in the field.
Budd argued the delay was about more than timing. "My opponents have asked, ‘What’s the harm in a month-long delay?’" Budd said. "So, I’m going to tell you: The goal is not an extra month to work on policy, as many have said. The well-oiled hemp lobbying machine – it’s already had nine months to do that. The real goal is to jam us in December on a must-pass package and to permanently entrench their intoxicating products into the machinery of government."
Earlier in the week, when introducing his amendment with Sen. Pete Ricketts, R-Neb., Budd displayed images of intoxicating hemp products packaged to resemble children’s candy and snacks, including Skittles, Oreos and Cheetos. He also showed a graphic citing a 461% increase in pediatric cannabinoid-related emergency room visits in children 11 and younger from 2018 to 2023.
Sen. Amy Klobuchar, D-Minn., then moved to table Budd’s amendment, a procedural step that effectively killed it. She said, "I represent farmers, small businesses, brewers and consumers in my state. And I urge my colleagues to table Senator Budd’s amendment and give this body four more weeks to work towards legislation that supports a thriving hemp industry, ensures proper regulation and protects kids from dangerous products. As is the bipartisan continuing resolution that is before us delays a ban on naturally produced hemp products for four weeks while taking synthetic hemp derivatives off the market."
Klobuchar also pointed to Minnesota’s own approach. State law governing edibles and beverages containing THC derived from hemp took effect in July 2022, before Minnesota legalized adult-use cannabis. Under that law, people 21 and older can buy cannabinoid products containing no more than 5 milligrams of THC per serving and 50 milligrams per package.
"We have safety rules in place that have worked very well", Klobuchar said of Minnesota’s hemp regulations. "The product is taxed. We have not had issues with it since we put those rules in place."
Not all industry stakeholders agreed with Klobuchar’s description of the Senate language. The American Trade Association for Cannabis and Hemp said the provision was "cleverly written" in a way that would protect synthetic conversions of natural, nonintoxicating cannabinoids such as CBD into intoxicating cannabinoids such as delta-8 THC. According to ATACH, that would mean chemical manufacturers remain protected so long as the molecule exists somewhere in nature.
ATACH President Michal Bronstein criticized the Senate vote in a statement. "When Prohibition ended in 1933, Congress did not yield to the makers of bathtub gin and call it a day – or allow dangerous products to continue without regulation – yet that is exactly what is happening today", he said.
He added: "The Senate’s actions will be seen as undermining state laws and efforts to regulate synthetic hemp products such as delta-8 THC, delta-10 THC and THCP. These products are not ‘hemp,’ and they aren’t even marijuana. Cannabis and hemp licensees want responsible legalization and regulation – not a reprieve for lab-created intoxicants, which have no business on gas station shelves or being sold to kids online. The Senate’s vote in the short term will embolden those who rely on the loophole to bypass the law, selling synthetics and deceptively market[ing] marijuana as THCA ‘hemp’ flower, while penalizing real and compliant businesses. In the longer term, Congress must do better."
Opposition to the delay also came from state and territorial attorneys general. After the Senate Appropriations Committee released the continuing resolution on Aug. 2, a bipartisan group of 35 attorneys general wrote to congressional leaders urging them not to move forward with the proposed extension. They argued that many states had already aligned, or were in the process of aligning, their laws, regulations and enforcement efforts with the federal posture adopted in November 2025.
In their letter, they wrote: "If the loophole is reopened or the new definition is weakened or repealed, states will face renewed litigation, inconsistent enforcement, regulatory uncertainty, increased youth access to intoxicating products and disruption of lawful businesses that have already adjusted their operations to comply with the new federal framework. Equally as concerning, change at this stage would allow the return of unregulated intoxicating cannabis products that Congress appropriately chose to address."
Supporters of the delay say it creates room for a legislative alternative. The Senate’s four-week extension could give lawmakers time to attach a "legislative fix" to other must-pass appropriation measures, including Rep. Andy Barr’s Lawful Hemp Protection Act, which would regulate and tax hemp-derived products rather than ban them.
The U.S. Hemp Roundtable welcomed the outcome. In a news release, organization officials said, "The extension gives us something invaluable: time. Time to work with lawmakers, regulators, stakeholders and industry leaders to advance a responsible framework that protects consumers, prevents youth access to intoxicating products, supports farmers and businesses, and preserves access to lawful hemp products for millions of Americans."
The Hemp Beverage Alliance also praised the vote. "This morning’s vote was a huge turning point in the pursuit of safe, responsible federal regulation", HBA President Christopher Lackner said. "On behalf of our members and their responsible adult customers, we thank the Senate for this critical and reasonable extension.
"The next chapter begins today. The Hemp Beverage Alliance stands ready to work with Congress, the White House and stakeholders throughout the country to pass federal legislation that is strong, sensible, reliable and prioritizes public safety."
The measure now goes to the House. The House passed its own stopgap funding bill on July 20 to fund federal agencies through Dec. 4, but that version did not include an extension for the hemp industry. House members are expected to address the differences between the two chambers when they return from recess.
