Senators Seek Two-Year Delay on Hemp THC Ban

A bipartisan group of senators is pushing legislation to delay the federal ban on hemp-derived THC products by two years, giving the industry until 2027 to negotiate regulatory alternatives to an outright prohibition.

The move comes after President Donald Trump signed a spending bill last year that included language effectively banning intoxicating hemp products. Industry stakeholders say the delay would provide critical time to work with lawmakers on a regulatory framework that protects consumers without eliminating the market entirely.

"We need time to get this right," said Jonathan Miller, general counsel for the U.S. Hemp Roundtable, in previous statements about the timeline. "A rushed prohibition helps no one—not consumers, not small businesses, and certainly not public health."

The Current Landscape

The hemp-derived THC market has grown exponentially since the 2018 Farm Bill legalized hemp production. Products containing delta-8 THC, delta-10 THC, and other hemp-derived cannabinoids now generate an estimated $2 billion in annual sales. But the rapid growth has sparked concerns among lawmakers about product safety, youth access, and the lack of federal oversight.

The spending bill Trump signed would effectively shut down this market by prohibiting the sale of hemp products that contain any amount of THC above trace levels. The ban was set to take effect later this year, giving businesses little time to adjust their operations or pivot to compliant products.

Industry groups have argued that a ban would destroy thousands of small businesses and eliminate jobs in rural communities that depend on hemp farming. They've also pointed out that prohibition would simply push consumers toward unregulated black markets, creating greater public health risks.

What Senators Are Proposing

The bipartisan coalition is advocating for a two-year extension that would push the ban's effective date to 2027. During that window, lawmakers would work on developing comprehensive regulations for hemp-derived intoxicating products—potentially including potency limits, testing requirements, age restrictions, and packaging standards.

Several regulatory models are already being discussed. Some lawmakers favor adapting existing alcohol or tobacco frameworks to hemp products. Others have suggested creating an entirely new regulatory category specifically for hemp-derived cannabinoids.

The delay would also give states time to align their own regulations with any federal framework that emerges. Currently, states have taken wildly different approaches—some banning hemp THC products entirely, others allowing sales with minimal oversight, and still others implementing detailed regulatory schemes.

Industry Response

Hemp industry groups have cautiously welcomed the delay proposal while continuing to advocate for permanent regulation rather than prohibition. Trade associations argue that proper regulation would address legitimate concerns about product safety and youth access while preserving a legal market.

"We've always supported sensible regulations," said one industry spokesperson. "What we can't support is throwing out the baby with the bathwater."

But the proposal faces opposition from some quarters. State-licensed cannabis operators have long complained that hemp-derived THC products undercut their heavily regulated and taxed businesses. Some marijuana industry groups have actually supported banning hemp THC products, arguing they create unfair competition.

Public health advocates have also expressed skepticism about the delay. Several organizations have called for immediate action to address what they see as a regulatory loophole that allows intoxicating products to be sold without adequate safety controls.

What Happens Next

The timeline for congressional action remains uncertain. While the bipartisan nature of the proposal suggests potential support, hemp regulation has become increasingly contentious as the market has grown.

Lawmakers face pressure from multiple directions—hemp businesses seeking survival, cannabis companies wanting a level playing field, and public health groups demanding immediate oversight. Finding a compromise that satisfies all stakeholders will require careful negotiation.

If the delay passes, industry observers expect intensive lobbying and negotiation over the next two years as various interest groups try to shape the final regulatory framework. The outcome could determine whether hemp-derived cannabinoids remain a legal product category or get absorbed into state marijuana programs.

For now, hemp businesses are watching Congress closely and hoping the extra time materializes. Without it, many companies say they'll have no choice but to shut down operations or pivot entirely away from THC products.

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