GOP Congressman Behind Hemp THC Ban Says He’s Not Worried About Potential Senate Opposition To The Proposal

A GOP congressman pushing for a federal hemp THC ban in a spending bill
that’s advancing in the House says he’s not concerned about any potential
opposition in the Senate—and he’s also disputing reports about the scope of
what his legislation would do to the industry.

Rep. Andy Harris (R-MD) told Marijuana Moment on Wednesday that “the bottom
line is that you have some bad actors who are taking advantage of a
loophole in the Farm Bill to sell psychoactive substances,” which was “not
the intention.”

The congressman was referencing a large-scale agriculture bill that
President Donald Trump signed into law during his first term that federally
legalized hemp and its derivatives.

The 2026 spending legislation that contains provisions to ban consumable
hemp products with any quantifiable amount of THC advanced out of the House
Appropriations Committee on Monday and is now headed to the floor before
potentially getting taken up by the Senate.

Asked whether he worried about pushback on the hemp language in the
opposite chamber, Harris said, “I don’t think so.”

“I think we very carefully drafted it,” he said, adding that, “I think
there was some misunderstanding about the wording that some people said,
somehow, any measurable amount [of THC] would result in it not being able
to be sold. That’s not what the legislation said.”

But while a report attached to the legislation was amended to make that
clarification, signaling that Congress doesn’t mean to prohibit
non-intoxicating consumable cannabinoids like CBD, the text of the bill
itself hasn’t been changed.

The relevant section would redefine the crop under federal statute in a way
that would still prohibit cannabis products containing any “quantifiable”
amount of THC or “any other cannabinoids that have similar effects (or are
marketed to have similar effects) on humans or animals” as THC.

Harris—who serves as chair of the House Appropriations Subcommittee on
Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies—also noted in the interview with Marijuana Moment that there “was
no opposition [to the hemp provisions] that came up in committee, that’s
for sure.”

He also briefly weighed in on the Texas governor’s recent veto of a bill to
recriminalize hemp products with any THC—simply stating that he’s “not
paying attention to what a single state is doing” while he focuses on
enacting the proposed federal ban.

The language in the congressional bill, meanwhile, would still effectively
eliminate the most commonly marketed hemp products within the industry, as
even non-intoxicating CBD items that are sold across the country typically
contain trace amounts of THC. Under current law, those products are allowed
if they contain no more than 0.3 percent THC by dry weight.

The proposed policy championed by Harris would drastically change that. It
would instead maintain the legal status of “industrial hemp” under a
revised definition that allows for the cultivation and sale of hemp grown
for fiber, whole grain, oil, cake, nut, hull, microgreens or “other edible
hemp leaf products intended for human consumption.”

The Congressional Research Service (CRS) released a report last week
stating that the legislation would “effectively” prohibit hemp-derived
cannabinoid products. Initially it said that such a ban would prevent the
sale of CBD as well, but the CRS report was updated to exclude that
language for reasons that are unclear.

The hemp language is largely consistent with appropriations and agriculture
legislation that was introduced, but not ultimately enacted, under the last
Congress.

Hemp industry stakeholders rallied against that proposal, an earlier
version of which was also included in the base bill from the subcommittee
last year. It’s virtually identical to a provision of the 2024 Farm Bill
that was attached by a separate committee last May via an amendment from
Rep. Mary Miller (R-IL), which was also not enacted into law.

There are some differences between the prior spending bill and this latest
version for 2026, including a redefining of what constitutes a
“quantifiable” amount of THC that’d be prohibited for hemp products.

It now says that a quantifiable amount is “based on substance, form,
manufacture, or article (as determined by the Secretary of Health and Human
Services in consultation with the Secretary of Agriculture),” whereas it
was previously defined as an amount simply “determined by the Secretary in
consultation with the Secretary of Health and Human Services.”

The proposed legislation also now specifies that the term hemp does not
include “a drug that is the subject of an application approved under
subsection (c) or (j) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355),” which seems to carve out an exception for
Food and Drug Administration- (FDA) approved drugs such Epidiolex, which is
synthesized from CBD.

A leading alcohol industry association, meanwhile, has called on Congress
to dial back language in the House spending bill that would ban most
consumable hemp products, instead proposing to maintain the legalization of
naturally derived cannabinoids from the crop and only prohibit synthetic
items.

Wine & Spirits Wholesalers of America (WSWA) President and CEO Francis
Creighton said in a press release that “proponents and opponents alike
have agreed that this language amounts to a ban.”

“By pushing a rapidly evolving industry back into the shadows, Congress is
creating even more chaos in the marketplace, undermining state initiatives
and punishing responsible actors,” he said. “We urge the full House to
reconsider this approach. States can regulate intoxicating products safely
and effectively through systems that preserve consumer trust and public
safety. It’s time for Congress to follow their lead, not override their
authority.”

Members of WSWA also met with lawmakers and staffers in April to advocate
for three key policy priorities that the group says is based on “sound
principles of alcohol distribution.” They include banning synthetic THC,
setting up a federal system for testing and labeling products and
establishing state-level power to regulate retail sales.

Separately, key GOP congressional lawmakers—including one member who
supports marijuana legalization—don’t seem especially concerned about
provisions in the bill despite concern from stakeholders that it would put
much of the hemp industry in jeopardy by banning most consumable products derived
from the plant.


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*

Jonathan Miller, general counsel of the U.S. Hemp Roundtable, told
congressional lawmakers in April that the market is “begging” for federal
regulations around cannabis products.

At the hearing, Rep. James Comer (R-KY) also inquired about FDA inaction
around regulations, sarcastically asking if it’d require “a gazillion
bureaucrats that work from home” to regulate cannabinoids such as CBD.

A report from Bloomberg Intelligence (BI) last year called cannabis a
“significant threat” to the alcohol industry, citing survey data that
suggests more people are using cannabis as a substitute for alcoholic
beverages such a beer and wine.

Last November, meanwhile, a beer industry trade group put out a statement
of guiding principles to address what it called “the proliferation of
largely unregulated intoxicating hemp and cannabis products,” warning of
risks to consumers and communities resulting from THC consumption.

*The LCB contributed reporting from Washington, D.C. *

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