Senate leaders move to delay hemp THC crackdown under 2018 Farm Bill loophole

New Senate spending text would push pending federal hemp restrictions from November 12 to December 11 while preserving access to naturally derived full-spectrum CBD products if enacted.

CORE

Summary

Senate Appropriations Committee leaders released continuing resolution text on August 2 that would delay pending federal restrictions on most hemp products from November 12 to December 11, extending the current framework for naturally derived hemp products if the measure becomes law. The development adds a new detail to the broader Senate push to postpone a scheduled federal rollback of hemp-derived products that grew out of the 2018 Farm Bill's definition of legal hemp. The newly released language is significant for companies focused on full-spectrum CBD and other naturally derived formulations because it would temporarily preserve market access during the extension period, while certain synthetic cannabinoids "not capable of being naturally produced by a Cannabis sativa L. plant" would still face the original November 12 timeline. cbdMD said its core portfolio appears to fall within the category the Senate text is intended to protect. The proposal is not yet law. The House previously passed a version of the continuing resolution without the hemp provisions, meaning the language would still need to survive final House and Senate action and be signed by the President. Industry advocates called the move a potentially major win and said it could keep the issue open through December 11, creating an opportunity for Congress to pursue a more durable framework in a Farm Bill, omnibus appropriations package or year-end extenders package. The wider fight remains important because hemp-derived intoxicating products expanded under the 2018 Farm Bill's 0.3% delta-9 THC standard, especially in states where recreational marijuana remains illegal. Congress voted last year to tighten that framework by measuring total THC and setting a very low limit on finished consumer products, a shift that would threaten much of the current retail market for hemp-derived gummies, drinks and vapes.

Terms & Concepts
  • full-spectrum CBD: CBD products that contain a range of naturally occurring hemp compounds rather than isolated cannabidiol alone.
  • synthetic cannabinoids: Lab-made cannabinoid compounds, distinct from those naturally produced by the cannabis plant.
  • delta-9 THC: The primary intoxicating form of THC used in the federal legal definition of hemp.