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On November 12, 2025, President Donald J. Trump signed H.R. 5371, the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, into law, reopening the federal government. And while celebration for some is likely, not all will rejoice, particularly those states, businesses, and individuals involved in the hemp industry, which H.R. 5371 pointedly targets.
For context, in 2018, Congress passed—and President Trump signed into law—the federal Farm Bill that defined federally legal hemp according to its concentration of delta-9 THC, which is the primary psychoactive compound in cannabis. The Farm Bill legalized cannabis products as legal hemp if they contain less than 0.3 percent delta-9 THC; however, it failed to address other THC isomers, including delta-8 THC and delta-10 THC, which can be derived from hemp-extracted cannabidiol (CBD) to produce intoxicating effects similar to delta-9 THC. H.R. 5371 specifies that, within one year of its enactment, this concentration requirement would apply to total THC, not just delta-9, bringing other isomers under its regulatory breadth. It also includes “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals such as tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).” In other words, upon the one-year anniversary of the bill's passing, legal hemp products would be limited to a total of 0.4 milligrams per container of total THC or any other cannabinoids with similar effects.
The now-passed H.R. 5371 led to a showdown between same-state senators Rand Paul (R-KY) and Mitch McConnell (R-KY) earlier this week. Mr. Paul proposed an amendment to “strip [H.R. 5371 of] the provision designed to regulate the hemp industry to death.” Mr. Paul specifically noted the hardship the ban would impose on America's already struggling farmers.
In contrast, Mr. McConnell, the prohibition's champion, said “companies have exploited a loophole” in the 2018 Farm Bill, and the closing of this loophole will “keep the dangerous products out of the hands of children while preserving the hemp industry for farmers.” The Senate sided with Mr. McConnell, rejecting Mr. Paul's amendment in a 76-24 vote.
The U.S. House of Representatives also passed the bill, despite additional argument over the restrictive hemp provision, in a 222-209 vote.
Non-delta-9 THC products proliferate state markets, popping up in gas stations, liquor stores, and tobacco shops across the country. The products are so bound up in certain local economies that some estimate that H.R. 5371's ban could decimate the multibillion-dollar hemp industry that has proven to be a boon for many agrarian states, with the U.S. Hemp Roundtable stating the effects will result in lost state tax revenue and the imperiling of “more than 300,000 American jobs.”
But in today's political climate, a single year's time can lead to substantial changes. So only time will tell whether this nascent industry is doomed to collapse.
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