Kentucky Officials Press McConnell on Hemp THC Ban Delay

Rep. James Comer (R-KY) and Kentucky Agriculture Commissioner Jonathan Shell are calling on Sen. Mitch McConnell to support a two-year delay in implementing federal restrictions on hemp-derived THC products, warning that immediate enforcement could devastate the state's hemp industry.

The appeal puts McConnell in an awkward position. The former Senate Majority Leader championed the 2018 Farm Bill that legalized hemp production, but he later backed efforts to restrict intoxicating hemp products after concerns emerged about delta-8 THC and similar compounds entering the market.

"Kentucky farmers and businesses built an entire industry around the framework Senator McConnell helped create," Shell said in a statement. "A sudden ban without adequate transition time would be economically catastrophic for rural communities that invested heavily in hemp production."

The Policy Shift

The proposed restrictions stem from language in recent appropriations bills that would effectively recriminalize hemp products containing detectable levels of THC, reversing the permissive regulatory environment that emerged after 2018. Industry advocates argue the 2018 Farm Bill's 0.3% delta-9 THC threshold was meant to distinguish hemp from marijuana, not to prohibit all cannabinoids.

But federal agencies and some lawmakers now say hemp-derived intoxicating products—including delta-8, delta-10, and THC-O—weren't what Congress intended to legalize. McConnell himself has expressed concerns about "intoxicating hemp products" reaching consumers, particularly minors, through gas stations and convenience stores.

The two-year delay proposal would give hemp businesses time to reformulate products, dispose of inventory, and transition to compliant operations. Without it, companies face the prospect of immediately destroying millions of dollars in products and equipment.

Kentucky's Hemp Stakes

The pressure on McConnell carries particular weight given Kentucky's status as a hemp production leader. The state licensed over 1,000 hemp processors in 2023, with the industry generating an estimated $280 million in annual economic activity. Many of those operations produce or distribute THC-containing hemp extracts.

Comer, who chairs the House Oversight Committee and represents Kentucky's 1st Congressional District, has been meeting with hemp industry representatives concerned about the regulatory whiplash. His district includes several counties where hemp farming has replaced declining tobacco revenues.

"We're not asking to eliminate oversight," Comer said. "We're asking for reasonable implementation that doesn't punish businesses that followed the rules as they understood them."

Industry Response

Hemp trade associations have mobilized opposition to immediate enforcement, arguing that rapid implementation would force thousands of small businesses to close. The U.S. Hemp Roundtable estimates that more than 10,000 retail locations nationwide carry hemp-derived THC products.

Yet public health advocates counter that delay tactics simply prolong the availability of unregulated intoxicating products. Several states have already moved to restrict or ban hemp-derived THC sales independently of federal action.

What's Next

McConnell has not publicly responded to the delay request. His office declined to comment on ongoing legislative discussions. The senator faces competing pressures: supporting Kentucky's agricultural economy while addressing concerns about youth access to intoxicating substances.

The timing is critical. If federal restrictions take effect without a delay provision, enforcement could begin as early as this spring. Hemp industry sources say some businesses are already reducing inventory and laying off workers in anticipation of a ban.

Congress could address the issue through standalone legislation or by including delay language in upcoming appropriations bills. But with hemp policy dividing both parties—pitting agricultural interests against public health concerns—the path forward remains uncertain.

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This article is based on original reporting by www.marijuanamoment.net.