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A provision in a congressional bill to reopen the federal government would ban hemp-derived intoxicating products containing more than 0.4 milligrams of THC after 365 days, impacting Minnesota's booming industry. Competing industries, including legal marijuana and alcohol, lobbied for the ban, citing a lack of regulation for hemp products. Minnesota Senators Amy Klobuchar and Tina Smith voted against the provision, arguing it would hurt small businesses and disregard state regulations already in place. The hemp industry is lobbying against the ban, which one CEO fears will force his business to pivot to the marijuana industry.

Minnesota Hemp Businesses And Senators Say Federal THC Ban Will Hurt The State’s Economy

Nov 12, 2025

Marijuana Moment

Marijuana Moment



*“Senator Klobuchar voted against the hemp provision because she thought it
would hurt the state’s small businesses.”*

*By Ana Radelat, MinnPost*

Minnesota’s booming industry of intoxicating products made by hemp,
including beverages and gummies, is reeling from the ban on their products
that is making its way through Congress in a bill that would reopen the
federal government.

The bill gives the industry 365 days before all products that contain more
than 0.4 milligrams of THC—a trace amount—are outlawed. Christopher
Lackner, president of the Hemp Beverages Alliance, is hoping that gives the
industry time to lobby against the provision, which he called “arbitrary”
and “punitive.”

He said he’s betting on “a pushback from consumers, suppliers and
distributors and everyone else in the supply chain” that will be impacted
by the impending ban on hemp-produced THC-infused products.

“Our hope as an industry is that Congress will come back and meet with all
of the stakeholders and build a federal framework for hemp beverages that
works,” Lackner said.

The 2018 Farm Bill legalized hemp by removing it from the federal
definition of marijuana under the Controlled Substances Act and treating it
as an agricultural commodity. It also opened the door to the production of
“intoxicating” products derived from hemp.

Minnesota led the nation in taking advantage of the redefinition of hemp.
Whitney Economics’ latest THC Beverage Report estimated that total U.S. THC
beverage sales topped $1.1 billion in 2024, with Minnesota being a key
state in this growth.

Success has come at a price, however. Competing industries, mostly the
nation’s nascent legal marijuana industry and, more recently, the beer and
spirits industries, lobbied furiously to close what they considered a
“loophole” in the 2018 Farm Bill that has led to the explosion of
hemp-infused products.

The marijuana and alcohol industries say hemp products are largely
unregulated and some contain dangerously high amounts of THC. They also say
there are no labeling and marketing restrictions or efforts to keep
THC-infused drinks and edibles from children.

On Monday, the Beer Institute, the Distilled Spirits Council of the United
States and other alcohol trade groups sent a lobbying letter to members of
Congress, urging them to reject an amendment by Sen. Rand Paul, R-Ky., that
would have stripped the language from the shutdown bill.

“Manufacturers of beverage alcohol, one of the most highly regulated
consumer products, urge the Senate to reject Paul’s attempts to allow
hemp-derived THC products to be sold devoid of federal regulation and
oversight across the country,” the letter said.

Their argument won the day.

The legislation that would end the shutdown contains three appropriations
bills to fund several government agencies through fiscal year 2026,
including the U.S. Department of Agriculture, and that’s where the hemp
provision was inserted. All other federal agencies would receive short-term
funding—until the end of January—under a continuing resolution, or CR.

While the hemp industry lost its lobbying fight, it did have supporters in
the U.S. Capitol. Paul, for instance, prevented Senate GOP leaders from
obtaining unanimous consent to fast-track the shutdown bill, which overcame
a six-week Democratic filibuster Sunday evening on a 60-40 vote.

The U.S. Senate voted to table—or reject—Paul’s amendment, on a 76-24 vote.
Minnesota Sens. Amy Klobuchar (D) and Tina Smith (D) were in the minority
supporting the effort to strip out the hemp language.

“Senator Klobuchar voted against the hemp provision because she thought it
would hurt the state’s small businesses and believes efforts by Congress to
regulate hemp products should account for states like Minnesota that
already have strong regulations in place,” a spokesman for Klobuchar said.

Lackner also said that lawmakers in Congress were trampling on the rights
of states to regulate intoxicating hemp products.

“This is a slap in the face of states like Minnesota that have developed
regulatory frameworks based on stakeholder input,” he said.
*Hemp change ‘wrong from every angle*‘

Steve Brown, CEO of Nothing but Hemp, a company in northeast Minneapolis
that makes THC-infused gummies and beverages, emulsions for breweries and
many other hemp-based products, said the shutdown bill may drive him to
cross over to the marijuana industry.

That’s because if the legislation is signed into law by President Donald
Trump, as expected, the manufacture and sale of his products will be
illegal under federal law, with a huge impact on his market.

Brown said liquor stores could no longer offer his drinks on their shelves.
Small breweries, which have tried to combat a drop in beer sales by
offering THC-infused drinks that are more popular than alcohol among the
young, would also be breaking federal law if they continued to offer those
libations.

And retail stores, including Target, would likely stop selling THC-infused
beverages and other products because customers would no longer be able to
pay for them with their credit cards due to federal banking regulations.

Shipping THC-infused products across the state lines would also be against
federal law.

“I think it’s wrong from every angle,” Brown said of the hemp provision in
the shutdown legislation.

Brown said he manufactures close to 2 million cans of beverages a year and
that his operation of THC-infused drinks is small compared to other
companies in Minnesota.

He said he started his business at a kiosk with a sign that said “Try CBD,”
a hemp component that is not intoxicating and is touted for its medicinal
value. If hemp-infused drinks and edibles are outlawed, Brown says he’s
preparing to turn Nothing but Hemp, which has 60 employees, into a
marijuana business.

Jim Taylor, spokesman for the Minnesota Office of Cannabis Management, said
it “is reviewing any draft or proposed [hemp] language for its impact on
Minnesota.”

“This is a complex policy issue, and we are reviewing it with the Attorney
General,” Taylor said.

Minnesota Attorney General Keith Ellison recently signed a letter with 38
other attorneys general that said unregulated THC products pose a threat to
the general public.

David Ladd, president of the Minnesota Industrial Hemp Association, said
his group has tried to stay as neutral as possible on the issue. But he
said the state’s hemp growers also do not want to “stifle innovation and
investment” in hemp, which can be used to produce a wide variety of
products, including biofuels, paper and textiles.

“I get regulations and guard rails for hemp products,” Ladd said. “But an
arbitrary change in the definition of hemp is not a substitute for measured
regulation.”

The U.S. Senate gave final approval of the shutdown bill late Monday. Now
the legislation heads to the U.S. House, where Minnesota’s Democratic House
members are expected to join the state’s two Democratic senators—Klobuchar
and Smith—in rejecting the legislation.

So the longest government shutdown is on the way to an end after eight
moderate Democrats in the U.S. Senate dropped their opposition to the bill.
They said GOP leaders offered a fair deal because the legislation would
protect programs from Trump budget cuts and Senate Leader John Thune (R-SD)
promised a vote on the extension of Affordable Care Act subsidies Democrats
had sought to in return for their votes to reopen the government.

That provoked an onslaught of criticisms from Democratic colleagues—and
Democratic voters.

Rep. Angie Craig, D-2nd District, for instance, posted on social media
that ”if people believe this is a ‘deal,’ I have a bridge to sell you.”

This article first appeared on MinnPost and is republished here under a Creative
Commons Attribution-NoDerivatives 4.0 International License.

The post Minnesota Hemp Businesses And Senators Say Federal THC Ban Will
Hurt The State’s Economy appeared first on Marijuana Moment.

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