A bipartisan Senate bill would allow states and tribal governments to regulate hemp-derived THC products within their borders, offering a potential workaround to a looming federal ban that industry leaders warn could devastate farmers and businesses.
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A trio of U.S. senators has filed bipartisan legislation that would allow states to avoid the federal government’s impending ban on hemp THC products, Marijuana Moment reported on Friday. The measure, the Hemp Safety Enforcement Act, was introduced in the Senate on Thursday by Republican Sen. Rand Paul of Kentucky, Minnesota Democrat Sen. Amy Klobuchar and Sen. Joni Ernst, a Republican from Iowa.
Under the bill (S.4315), states and Indian tribes would be able to regulate hemp-derived products with THC that are produced and sold within their borders. Jurisdictions that decide to adopt regulations would avoid a federal ban on products with more than 0.4 milligrams of THC or other intoxicating cannabinoids per container. The prohibition threatens the viability of the nation’s hemp industry, which was legalized by the 2018 Farm Bill.
Under that legislation, cannabis plants and products with no more than 0.3% delta-9 THC (the compound most responsible for the classic marijuana “high”) were legalized nationwide. But Congress approved a new definition of hemp with legislation to reopen the federal government late last year, setting up the new ban set to take effect in November.
The new prohibition will “wipe out the multi-billion-dollar industry, while depriving individuals of products they depend upon to improve sleep, relieve anxiety, and alleviate pain,” Paul wrote on the social media platform X. “My bill would protect thousands of jobs, family farms, and safe access for veterans and seniors.”
“About half the states, including Kentucky, have already established their own regulatory rules for hemp: age limits, serving size caps, and testing requirements,” he said. “These state laws let farmers thrive while keeping products out of kids’ hands.”
Under the bipartisan legislation, “a State or Indian tribe desiring to have primary regulatory authority over the production of hemp and hemp-derived cannabinoid products in the State or territory of the Indian tribe may submit” to the U.S. secretary of agriculture, “through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a notice that the State or Indian tribe elects not to be subject to” the upcoming federal prohibition.
Governments that decide to opt out of the federal ban must also adopt a legal minimum age for the purchase of intoxicating hemp-derived products, although the legislation does not specify the minimum age. The bill also allows interstate commerce between states and tribal governments that choose to regulate intoxicating hemp products.
Jonathan Miller, general counsel of the U.S. Hemp Roundtable, told Marijuana Moment that the group is “deeply grateful” to the bill’s sponsors “for their steadfast continued leadership on behalf of the hemp industry.”
He added that Ernst joining “the pro-hemp team” is a “major development.”
“Sen. Ernst is deeply respected for her agricultural experience,” Miller said. “Her participation is an important statement that U.S. farmers are deeply at risk if the impending ban goes into effect.”
Chris Boucher, CEO and co-founder of California-based hemp leaf and microgreen food ingredient company, is encouraged by the legislation, saying it “could be a big win for the hemp industry.”
“It could help revive hemp agriculture (family farms, veteran and minority farmers) across many states which is key to the success of the entire industry. With out farmers growing hemp phyto-cannabinoids or even dual crops, it would be devastating with the new ban on hemp THC at 0.4 milligrams per container.”
The Hemp Safety and Enforcement Act has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry for consideration.
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