(WASHINGTON) — Senator Mitch McConnell has secured provisions in the Senate’s fiscal 2026 Agriculture Appropriations bill that would effectively ban unregulated intoxicating THC products sold nationwide while protecting the non-intoxicating CBD and industrial hemp markets.
The Kentucky Republican, a senior member of both the Senate Agriculture and Appropriations Committees, said the measure aims to close what he calls a loophole in the 2018 Farm Bill that has allowed the proliferation of psychoactive hemp-derived products with no safety oversight.
“The language I helped secure in the Agriculture Appropriations bill addresses a serious concern regarding the manufacturing and selling of unregulated, intoxicating THC products nationwide,” McConnell said.
Key Provisions
Under the legislation, products containing more than 0.4 milligrams of THC per package would no longer qualify as legal hemp. The bill would also ban synthetic cannabinoids while maintaining the existing 0.3% THC limit for hemp plants in the field.
Critically, the measure places no restrictions on CBD products, meaning industrial hemp and CBD items containing trace amounts of THC would remain legal for uses including seed, fiber, grain oil, research, and drug trials.
The legislation includes a one-year implementation delay and requires the FDA to establish industry guidance within 90 days.
Growing Concerns Over Youth Access
The push for stricter regulations comes amid mounting concern from law enforcement, educators, and health officials about young people’s access to intoxicating hemp products sold at gas stations, vape shops, and convenience stores.
Tommy Loving, executive director of the Kentucky Narcotic Officers’ Association, praised McConnell’s efforts, noting that “these psychoactive products are being sold openly in vape shops and convenience stores with little to no regulation, making them readily accessible to middle and high school students.”
Gary Fields, superintendent of Bowling Green Independent School District, said students as young as 10 are purchasing and using delta-8, delta-9, and delta-10 vaping products. “We have created a system that does not provide safeguards to protect our K-12 students from these dangerous products,” he said.
Nationwide Support
Thirty-nine state attorneys general wrote to Congress urging action, warning that hemp-derived THC products are “more intoxicating and psychoactive than marijuana” and are often marketed to minors.
Health and safety groups noted that poison control centers have received thousands of calls related to these products, with more than 30% involving children five years old and younger. In Kentucky, pediatric cannabis poisonings have increased sixfold since 2018.
Industry Response
Geoff Whaling, chair of the National Hemp Association, expressed support for McConnell’s leadership, saying the organization “looks forward to working with him and his colleagues to secure a promising future for our nation’s hemp farmers and the many benefits hemp provides.”
Proponents of the restrictions argue that legitimate hemp markets for textiles, building materials, foods, and other industrial applications will continue to thrive without intoxicating products.
The bill must still pass both chambers of Congress before heading to President Trump for his signature.
