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President Donald Trump signed a federal spending bill on November 12, 2025, that includes provisions to ban most consumable hemp products containing THC, effectively reversing the legalization he approved during his first term through the 2018 Farm Bill. The controversial legislation passed following a historic weeks-long government shutdown, with the Senate approving the appropriations package on Monday and the House voting 222-209 on Wednesday.
Representative Andy Harris (R-MD), who championed the prohibition provision in the House, argued on the floor that the measure "closes the hemp loophole that has resulted in the spread of unregulated intoxicating hemp-derived products that are being sold online and in gas stations and corner stores across the country." Harris emphasized concerns about products that are "accessible and attractive to children."
The new legislation fundamentally alters the definition of legal hemp established in 2018. Since the original Farm Bill, cannabis products were considered legal hemp if they contained less than 0.3 percent delta-9 THC on a dry weight basis. The new law specifies that within one year of enactment, the weight calculation will apply to total THC—including delta-8 and other isomers—as well as "any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol."
Legal hemp products under the revised framework will be limited to a total of 0.4 milligrams per container of total THC or any other cannabinoids with similar effects. The legislation also bans "any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use," as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant.
Hemp advocates have raised concerns that the prohibition will extend beyond intoxicating products to impact nonintoxicating CBD products that consumers use for medical purposes. This broader application could significantly disrupt the established hemp industry that has developed since 2018 legalization.
While the hemp ban represents a significant policy reversal, the bill includes a one-year implementation delay before provisions take effect. This window has prompted industry advocates and certain lawmakers, including Senator Chris Van Hollen (D-MD), to suggest that stakeholders could advance alternative regulatory legislation during this period.
Jim Higdon, cofounder of Cornbread Hemp, expressed optimism about the opportunity for legislative remediation. "We can get a bill through Congress next year before this 365-day deadline," Higdon told Marijuana Moment. "It's time for everybody to come together and focus on what we can get passed in Congress to remediate the worst of it."
Attempts by Republican lawmakers in both chambers to strike the hemp prohibition provision did not succeed. Proposed amendments from Senator Rand Paul (R-KY) and Representative Thomas Massie (R-KY) failed to make it into the final package. On the Senate side, Paul was joined by 22 Democrats and notably anti-marijuana Senator Ted Cruz (R-TX) in voting against a motion to table the amendment, but the majority ultimately quashed the effort.
In the House, Massie attempted to revive the push with his own amendment mirroring Paul's proposal, but prospects for adoption were minimal given general consensus within the Republican caucus that the spending bill should advance without modifications that could have sent it back to the Senate.
Within 90 days of the bill's enactment, the Food and Drug Administration and other agencies must publish comprehensive lists identifying all cannabinoids known to be naturally produced by Cannabis sativa L. plants, all naturally occurring tetrahydrocannabinol class cannabinoids, and all other cannabinoids with effects similar to THC. This classification process will provide critical guidance for businesses attempting to maintain compliance under the new framework.
The language represents a modification from provisions previously advanced out of House and Senate Appropriations panels, which would have banned products containing any "quantifiable" amount of THC as determined by the HHS secretary and secretary of agriculture. According to Marijuana Moment reporting, the final version provides slightly more definition around permissible cannabinoid levels.
Despite the policy reversal from Trump's first-term approval of hemp legalization, a White House spokesperson confirmed on Monday that the president supports the specific language included in the spending bill. This endorsement signals administration alignment with congressional efforts to restrict the hemp market that has proliferated since 2018.
The legislation creates immediate imperatives for businesses operating in the hemp and CBD sectors. Companies must prepare for comprehensive compliance overhauls while simultaneously advocating for alternative regulatory frameworks during the one-year implementation window. The new restrictions will require reformulation of existing products, updated testing protocols, and revised marketing strategies to align with stricter THC limitations.
For businesses across the cannabis, hemp, and CBD industries, the federal policy shift underscores the volatility of regulatory frameworks even for substances previously considered legally established. Companies must implement quality management systems capable of rapidly adapting to changing definitions, testing requirements, and product restrictions while maintaining operational continuity.
The federal hemp recriminalization adds another layer of complexity to an already fragmented regulatory landscape where state and local jurisdictions implement varying restrictions on kratom, hemp, and related botanical products. Businesses now face the challenge of navigating both federal prohibitions and state-specific regulations that may differ significantly in scope and enforcement.
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