Hemp
The US is on edge after the potential ban on THC from hemp: We analyzed the pros, the cons, and what might come next.
The disposition “Hemp Economic Mobilization Plan Act of 2025or “Hemp Act of 2025”, which was hidden within the more than one thousand pages of the recently approved budget law (Spending BillThe US law is creating great turmoil in the cannabis industry. Patients, consumers, and industry professionals are worried about the risk of running out of medication, their preferred products, or their business. But for industrial hemp producers, the now-approved "hemp redefinition" is a positive change they have been fighting for since the law was passed. 2018 Farm Bill It came into effect. But the What does this change in the law mean, and what is the reason for all the fuss, in a country where medicinal and recreational cannabis is already legal in almost every state?
The Hemp Act of 2025, which aims to “Amend the Agricultural Marketing Act of 1946 to modify the definition of hemp and for other purposes,” had already been identified among the hundreds of pages of... Spending Bill by some of the more observant members of the community, who quickly began to warn of the dire consequences it could have. for the hemp products industry, as well as for its patients and customers.
In June of this year, Rand Paul, governor of Kentucky (the third largest state in the United States), top of hemp production in the countrys) arrived to presentar a proposed amendment to it, which suggested increasing the limit for THC derived from hemp to 1%, instead of the currently allowed 0,3%. The request ended up being rejected at the last minute. when the proposed budget law - which had already been approved by the Senate more than a month ago -It finally passed in Congress, after the capitulation of the six Democratic representatives that brought an end to the historic process. Shutdown of the government that lasted 43 days.
And so, what many feared became a reality.
It had barely passed through Congress when... Bill It went directly to the Oval Office, where it was signed by President Donald Trump just two hours later. An unprecedented speed, but understandable given the country's situation.
Now, if everything remains as it is, the legislative package will come into effect in a year and, being a federal law, will be applicable throughout the United States.
This waiting period, however, gives industry professionals and activists room to maneuver, organizing protests and pressuring the government to reverse its decision..
Change the definition of hemp? What does that mean?
About six years ago, on December 20, 2018, President Donald Trump ratified the United States Farm Bill, which included a new provision: the "Hemp Farming Act of 2018With this, The term "hemp" came to be understood as "the Cannabis sativa L. plant and any part of that plant, including its seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether or not they are growing, with a Delta-9 tetrahydrocannabinol concentration not exceeding 0,3 percent on a dry weight basis".
The cannabis industry celebrated, as that change dissociated hemp and its derivatives from the definition of "marijuana" and "tetrahydrocannabinol" (THC) – both controlled because they are included in Schedule I of substances "with high addictive potential and without accepted medical application or therapeutic properties" of the national Drug Law. Controlled Substances Act.
For its part, the new “SEC. 781” of the “Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act 2026” (the part of Spending Bill (Regarding the Department of Agriculture, where the definition of hemp is revised), it states the following: “(A) In general – The term 'hemp' means the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts of cannabinoids, isomers, acids, salts and salts of isomers, whether produced by the plant or not, with a total concentration of tetrahydrocannabinol (including tetrahydrocannabinolic acid) not exceeding 0,3% on a dry weight basis. (B) INCLUSIONS. – This term includes industrial hemp.” There are several exclusions, but this section is relevant here.
So what changes with the Hemp Act of 2025?
The "redefinition" of hemp foreseen in the new law (Page 129) essentially decrees that the production, marketing, or possession of the plant or any products derived from the plant containing more than 0,3% total THC will now be considered "marijuana"—and not hemp—and therefore subject to the specific legal frameworks for medicinal or adult-use cannabis.
It is important to note here one detail: the fact that it specifies that it is "the concentration". total The term "tetrahydrocannabinols" and includes both Delta-9-THC and THCA (THC in its acidic form before being decarboxylated/heated), encompasses virtually all hemp-derived products on the market.
Another point of the Hemp Act of 2025 also states that the limit for total THC derived from hemp cannot exceed 0,4 mg. by container/packagingThis finally makes the remaining products illegal, including full-spectrum CBD oils (full spectrum), prescribed by almost all doctors and therapists who work with cannabis, because they are much more effective than oils with isolated cannabinoids.
Furthermore, since the Farm Bill was signed by Trump during his first term, the sector of CBD and THC products derived from hemp has transformed into an industry that, according to... US Hemp RoundtableIt is worth $28,5 billion and generates $1,5 billion in tax revenue. And the new law could wipe out 95% of that industry.
This is what worries many patients, war veterans, doctors, therapists, and activists in the US right now. A justified concern, since millions of people could be left without their medication – and the pharmaceutical alternatives (when they exist) have a range of side effects that many do not want to return to.
On the other hand, consumers of many hemp drinks, gums, and other products often do so as an alternative to other, less desirable products or to combat addictions. For example, the health consultant MoreBetter Ltd published the results of a study A national study on “the impact of functional beverages on the desire to consume alcohol and on quality of life, stress, sleep, and moods” concluded that “beverages infused with [THC derived from] hemp are associated with greater well-being and a reduction in alcohol consumption, with minimal impairment of cognitive abilities.” In total, among the approximately 2500 participants analyzed, a 12,5% reduction in alcohol consumption was observed.
Regarding synthetic cannabinoids, despite the initial hesitation, already are being studied to understand the best synthesis methods and potential benefits.
Which products are now prohibited?
If nothing changes in the meantime, the following products will be prohibited when the law comes into effect:
- Gums, chocolates, edibles, biscuits, sweets, friedOils, tinctures, or any other product with THC exceeding 0,3% or more than 0,4 mg of THC per package.
- Any products containing Delta-8-THC, Delta-10-THC, HHC, and THCA.
- Seeds that can develop into plants with more than 0,3% THC.
Products containing CBD (non-psychoactive) remain legal, provided they have less than 0,4 mg of total THC per package.
Industrial hemp, whether for fiber or seeds, is not included in this legislation.
What reasons were given for moving forward with this measure?
To try to understand what led to the introduction of this measure into budgetary legislation, it is necessary to go back in time a little.
Starting with the 2018 Farm Bill, the varieties of hemp (Cannabis sativa L. Sugars (containing less than 0,3% THC) have come to be regarded as legal raw materials for developing all kinds of products, including those containing their natural cannabinoids – among them cannabidiol, or CBD.
The industry wasted no time and flowers, oils, extracts, vaporizers, gums, drinks and other products with “Hemp-derived CBD"But consumers are also demanding, and despite the numerous benefits of that prized cannabinoid, what most users seek is the psychotropic experience provided by THC. In a short time, numerous hemp-derived products began to appear containing Delta-8-tetrahydrocannabinol (Delta-8-THC) or Hexahydrocannabinol (HHC), semi-synthetic or fully synthetic cannabinoids produced in the laboratory, and with effects similar to THC."
Although the psychotropic effect produced is quite similar, the way these neo-cannabinoids act on our bodies and their interaction with the endocannabinoid system is quite different, even leading to dangerous situations that put the lives of consumers at risk. This does not happen – and never has happened – with the plant's natural cannabinoids.
When cases of problems with these neo-cannabinoids began to attract attention and the media started publishing news of "cannabis deaths"—confusing public opinion by labeling as cannabis what, in fact, is not—many people became alarmed. Some politicians—especially Republicans—were quick to raise their voices, echoing past calls for a new ban on cannabis and hemp. But this time, with a caveat: it should only be legal for medicinal purposes.
One of the NBC News report Published on the 10th, it recalls that Senator Mitch McConnell (Kentucky), a supporter of the 2018 Farm Bill, later stated that this law ended up having "an unintended consequence that allowed the manufacture and sale of intoxicating synthetic products derived from hemp." McConnell would insist on the importance of amending it on several occasions, arguing for the need to eliminate existing loopholes to reflect "the original intent" of the Farm Bill.
In Congress, Representative Andy Harris (Maryland) followed the same line, arguing for the urgent need to redefine hemp to “close the legal loophole” that has allowed “unregulated intoxicating hemp-derived products” to be “sold online, at gas stations, and in convenience stores across the country.” reports Marijuana Moment.
To ban or to legalize?
Scientists such as, for example, Professor Ethan Russo And many other members of the cannabis community were quick to identify the risks of synthetic cannabinoids and appeal to the common sense of consumers and policymakers, warning of the urgency of full legalization of the plant – at the federal level. Only in this way, they argue, can the safety of patients who use therapeutic CBD products derived from hemp be guaranteed; and also the safety of consumers who, despite all the prohibitionist measures and difficulties of access, continue to seek substances to alter consciousness, with cannabis at the top of their preferences.
In terms of cannabis for adult use, the reasoning behind these claims has been the same for many years: people want to alter their consciousness and have that right, as long as they don't harm others; and cannabis, if regulated and controlled, is a safe substance whose risks are minimal compared to the benefits. Conversely, when there is no control and the plant is in the hands of traffickers, anything can happen: consumers don't know what they are buying, what the recommended dose is, whether it has fungi, whether it was grown with fertilizers harmful to health, whether it was sprayed with synthetic cannabinoids, and so on.
“Recriminalizing these products does little to protect public health and may even harm it, sending people to prison or fueling illicit markets with products that may contain contaminants. This is a trend we have already observed with the prohibition of many other substances,” Professor of Anesthesiology at the University of Michigan, Kevin Boehnke, recently told [publication name]. Newsweek.
However, Some of the identified synthetic cannabinoids (Delta-8, HHC, THCP) have been banned or controlled.However, prohibition, as has been proven once again in this case, always ends up promoting the emergence of new substances or molecules whose effects and consequences are unknown and which may be far more dangerous than the plant. Studies have shown that... In those states where cannabis is legal, there have been fewer problems with synthetic cannabinoids.and other problematic consumption patterns have been decreasing since the legalization of cannabis..
We therefore return to what the experts say: if the goal is to avoid further problems, the best course of action is to legalize the plant at the federal level once and for all, thus allowing all companies in the sector to operate nationwide.
Who benefits from the new law?
It doesn't take much insight to realize that this new law, by prohibiting the use of hemp for practically anything other than agriculture (as is the case in Portugal), will simplify life for industrial hemp producers and clear the way for those who have licenses – or may obtain them – to work with cannabis with more than 0,3% total THC.
And here begins to emerge the profile of those who may end up controlling the banned molecules or the market: pharmaceutical companies (medicinal cannabis), tobacco companies (vapes and other inhalation devices), and the food and alcoholic beverage industry – three giants with which farmers, as well as small and medium-sized businesses, will hardly be able to compete.
But this is not a shadowy power struggle. The pressure from these groups for the Hemp Act of 2025 to be passed has been ongoing for some time and has been done openly.
In August of this year, the Jushi Holdings, a major interstate operator, has moved forward with legal action against merchants in the states. from Virginia e from Pennsylvania to end sales of THC derived from hemp, citing public health concerns, among other reasons.
Just like Marijuana Moment reported On November 4th, certain “alcoholic beverage industry groups” lobbied Congress to ban intoxicating products made from hemp, “at least temporarily.” Some of these companies sent a letter to Congress defending this measure, which reads: “Alcohol manufacturers, one of the most heavily regulated consumer products, urge Congress to act immediately to remove hemp-derived THC products from the market until a robust federal regulatory framework is established. We are ready to work with Congress and the government to enact regulations that protect consumers and ensure a safe and organized market for these intoxicating products.”
Other beverage companies have called for a ban on synthetic cannabinoids, while maintaining the possibility of using natural cannabinoids from the hemp plant. Still others have argued for a total ban. It remains to be said that some of these companies are already producing beverages infused with THC and CBD derived from hemp.
Pharmaceutical and medicinal cannabis companies, for their part, have their own interests and are also pressuring the government for changes in the laws. It's true that they dislike the competition from operators offering products with cannabinoids derived from hemp, considering it, in a way, unfair competition (due to the greater volume of investment and regulations that the medicinal cannabis sector faces). However, these companies operate in a slightly different sphere and... Their fight is more about reclassifying cannabis under the national Drug Law., in order to capture a larger share of the market.
Tobacco companies, for their part, have been entering the cannabis and hemp-derived products sector for some time now, making multi-million dollar investments in related companies. As can be read in a report Published in 2023 by the Truth Initiative, an association dedicated to combating nicotine addiction in the country, “The tobacco industry sees cannabis both as a potential competitor and as a potential product. Large tobacco companies have already shown interest in the legal cannabis market and, recently, several of them have invested in companies in the sector.” Among the investments listed are Altria (manufacturer of Marlboro), which “acquired a 41% stake in Cronos Group, a cannabis product research and development group”; British American Tobacco, which “acquired almost 20% of Organigram, a Canadian cannabis research company”; and Philip Morris International, which “invested $20 million in the Israeli medical cannabis company Syge Medical.”
The same report also states that "The tobacco industry may have an interest due to 'functional similarities in cannabis production; its use in roll-your-own tobacco cigarettes; the ability to extract its active ingredients for use in electronic cigarettes (THC and CBD) and its medicinal potential'." Another point further mentions that "There are concerns that cannabis companies will target the same communities that were targeted by large tobacco companies."
Seed companies with the capacity to create genetically modified achenes to produce plants with less than 0,3% THC could also benefit.
And what do hemp producers think?
Given the uncertainty of the situation, many hemp producers for cannabinoid extraction are evaluating whether to proceed with the new agricultural campaign; and business owners in the sector are starting to find ways to sell their products before they are forced to withdraw them from the market.
What is certain is that everyone faces the need to adapt quickly, otherwise they risk losing the capital and years of work they have invested in their businesses.
On the other hand, many industrial hemp producers (for fiber, seeds, microgreens Hemp farmers (or researchers) support the law and are grateful that cannabis with less than 0,3% THC will once again be treated as a purely agricultural commodity. This will allow them to do their work without the hassle of dealing with a plant that is so often mistaken for a drug – forcing them to comply with much tighter controls than those applied to any other crop.
As published Wendy MosherIn a post on his LinkedIn page, the CEO of New West Genetics stated, “A victory! We thank Senator Mitch McConnell for protecting and guiding the industrial hemp industry in the Budget Committee! The use of hemp as an oilseed and in food and industrial applications requires a much lower regulatory threshold, and this legislation represents the first steps toward codifying it. New West Genetics and other colleagues in the grain and fiber industry are excited about this progress.”
Other operators have expressed their support and, in a way, some relief, following the approval of the new law.
What else is possible to do?
Many producers, businesspeople, experts, and activists (who work with many patients who use hemp-derived cannabinoid products as medicine) are in an uproar, issuing calls to action and sending out draft letters to the White House and petitions, pressing for the law to be changed. The fact that it will only come into effect in a year gives them time to make this happen.
Even outside the United States, in countries like Mexico, Ecuador, and Chile, hemp producers who supply the North American market (and are sustained by these exports) are seeking strategies to act.
According to a statement from the US Hemp Roundtable, “Representative Morgan Griffith (Virginia)plans to soon present a bill that would replace the total ban with strict regulation of hemp products (exactly what we have been advocating!), including requirements for good manufacturing practices, transparent labeling, a ban on synthetic THC, and strict measures to keep products out of the reach of children.”
The text goes on to state that "In the Senate, Senators Ron Wyden (Oregon) and Jeff Merkley (Oregon) will soon resubmit their regulatory bill for consideration by the Senate Health, Education, Labor and Social Security (HELP) Committee, where we also expect action."
After the flood of emails and requests for information that the organization says it has received, they are now asking the community for some patience, stating that "The Roundtable will do intensive work to..." LOBBY "Together with both committees, we will seek everyone's help in sending emails and making phone calls in order to ensure a positive outcome."
The historic activist Steve DeAngelo, along with his brother Andrew and lawyer Amber D. Lengacher created the One Plant Alliance, with the goal of unifying the cannabis and hemp industries – the same plant – to define strategies and find new paths.
According to this group, “hundreds of millions of dollars are spent on legal battles, lobbying, and enforcement. This is a doomed strategy in which no one wins.” And under the slogan “One plant, one policy, one future,” they call for a united effort to “implement the regulation of all cannabinoid-based products under the Three Golden Pillars (testing, labeling, and age verification), just as happens with alcohol regulation.” This approach, they say, “will unify the hemp, legalized cannabis, and traditional markets around the removal of marijuana from the list of controlled substances.”
And the Protect Hemp Access movement created a Web page with a call to action encouraging people to block the phone lines of representatives from each district, with a script of what they can say when they are answered.
These are just a few examples, because social networks are... on fire with reactions and calls to action from hundreds of organizations and operators. After all, iThis is just the beginning.
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[Disclaimer: Please note that this text was originally written in Portuguese and is translated into English and other languages using an automatic translator. Some words may differ from the original and typos or errors may occur in other languages.]____________________________________________________________________________________________________
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Margarita has been a regular contributor to CannaReporter since its inception in 2017, having previously worked for other cannabis-focused media outlets such as Cáñamo magazine (Spain), CannaDouro Magazine (Portugal) and Cannapress. She was part of the original team for the Portuguese edition of Cânhamo in the early 2000s and was part of the organisation of the Global Marijuana March in Portugal between 2007 and 2009.
She recently published the book “Canábis - Maldita e Maravilhosa” / "Cannabis - Cursed and Wonderful" (Ed. Oficina do Livro / LeYA, 2024), about the history of the plant, its ancestral relationship with Humans as a raw material, an entheogen and a recreational drug, as well as the infinite potential it holds in medical, industrial and environmental terms.
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