Congress Tries to Ban Hemp Nationwide But the Fight’s Not Over

When the 2018 Farm Bill passed, it was a landmark moment. Hemp, cannabis’s non-intoxicating cousin, was federally legalized for the first time in nearly half a century. That single piece of legislation opened the doors to innovation, giving rise to an entire industry built on wellness, functional alternatives, and plant-powered freedom of choice.

Cannabinoids like CBD and Delta-8 THC quickly moved from fringe to familiar. Small farms expanded, independent brands found their footing, and millions of consumers turned to hemp to help support better sleep, stress support, and everyday balance.

But now, some members of Congress want to roll back that progress. Congress has introduced a proposal that would ban nearly all ingestible hemp products, including ones that are federally legal and widely used. 

Here’s what you need to know, how it could impact your access to cannabinoids like Delta 8 THC and CBD, and what you can do to help stop it.

What’s Happening: Hemp Ban Proposal Hits Capitol Hill

This year alone, both chambers of Congress have proposed narrowing the definition of legal hemp, hoping to close what they call a “loophole” in the 2018 Farm Bill.

Most recently in June, the House Appropriations Committee approved language in a FY2026 spending bill that would ban hemp products containing any "quantifiable amounts" of THC, or any other cannabinoid with effects similar to THC.

That means ingestible cannabinoids like CBD, Delta 8 THC, CBG, and CBN could be banned at the federal level, regardless of their compliance with state or federal laws. Even non-intoxicating CBD products would be banned since they can contain trace amounts of THC.

Sound extreme? That’s because it is.

If passed, this bill would:

• Prohibit the sale of most hemp-derived products often used to support wellness and mood.

• Ban products even if they contain only trace or non-intoxicating amounts of THC

• Jeopardize the livelihoods of thousands of small businesses, hemp farmers, and manufacturers

• Strip millions of consumers of legal, traceable alternatives to high-THC cannabis

Who’s Behind The Push For a Ban?

Ironically, one of the key figures now pushing for a federal hemp ban is none other than Sen. Mitch McConnell (R-KY), the same senator who helped legalize hemp through the 2018 Farm Bill. McConnell is reportedly supporting efforts to change the current definition of hemp, championing restrictive language in upcoming Senate legislation that could effectively eliminate the market for consumable hemp products.

“The way I see it, the language I helped secure takes us back to the original intent of the 2018 Farm Bill, and closes this loophole,” McConnell said.

On the House side, Rep. Andy Harris (R-MD), a long-time opponent of cannabis reform, is leading the charge. As chair of the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, Harris recently pushed through an amendment to the FY2026 Agriculture Appropriations bill that would ban hemp-derived products containing any quantifiable amount of THC, or any cannabinoid with similar effects.

Harris’s subcommittee controls funding for key regulatory bodies like the FDA and USDA, agencies that directly oversee how hemp products are produced, tested, and sold. His influence could shape how aggressively any future ban is interpreted and enforced.

Not Everyone in Congress Agrees

Notably, Sen. Rand Paul (R-KY) has voiced strong opposition to the proposed ban, warning it would 

“completely destroy the American hemp industry.”

In response, Paul recently introduced the Hemp Economic Mobilization Plan (HEMP) Act, a bill that would expand protections for the industry rather than restrict them. Among other changes, the bill proposes tripling the legal THC threshold for hemp crops and addresses several regulatory concerns raised by farmers and manufacturers.

The HEMP Act mirrors legislation Paul has introduced in previous sessions, reinforcing his consistent support for the growth and protection of the hemp market.

Where The Proposed Bill Stands

After clearing the subcommittee, the spending bill was approved by the full House Appropriations Committee on June 23, 2025. It still has a long road ahead, needing to pass the full House, move through the Senate, and be signed by the President before becoming law.

While it’s unlikely to pass in its current form, the bill signals a clear intent from some in Congress to clamp down on the hemp industry and close what they see as a loophole, regardless of how it impacts small businesses, consumers, or the legality of hemp-derived products under existing law.

As of Thursday, July 10, 2025, Bipartisan members agreed to delay the implementation of the ban for one year.

Regarding the delay, Sen. Jeff Merkley (D-OR) said,

“I know that there’s important work to be done on hemp, but this one year [delay] will enable our farmers who are growing hemp currently to produce this year’s crop within the existing framework, and we’ll have a conversation over the coming year.” 

What Happens If the Ban Passes?

Under the proposed changes, any product containing more than 0.3% total THC or THCa by dry weight would be considered illegal at the federal level, regardless of which type of THC isomer it contains. That includes products made with Delta 8 THC, Delta 10 THC, or any other form of THC that’s been synthesized from hemp, even if they’re non-intoxicating or compliant under current law.

For Consumers:

• You could lose access to safe, tested, and regulated hemp products that support your lifestyle.

• Supplement routines, stress relief gummies, and daily wellness habits would disappear almost overnight.

For the Industry:

• Thousands of small businesses would face shutdown.

• Research, innovation, and progress on safer plant-based options would stall out.

It’s not just about products. It’s about freedom, access, and choice.

What Can You Do To Help?

Don’t let Congress ban hemp.

The American Healthy Alternatives Association (AHAA) has launched an action page that makes it ridiculously easy to make your voice heard. Just enter your info, and they’ll send a message to your senators in less than 2 minutes.

Click here to take action now

Every message counts. 

We’re Not Done And Neither Is Hemp

Congress may have hit the pause button, but the hemp ban proposal is still alive. It’s our job as consumers, creators, and advocates to stay informed, stay loud, and stay in the fight.

At Mellow Fellow, we’re committed to protecting your access to safe and legal cannabinoids. We believe in science-backed regulation, not fear-based prohibition. Products like Delta 8 THC, CBD, and other cannabinoids offer consumers more choice, control, and education than ever before.

Banning them wouldn’t just stifle innovation,  it would:

• Create confusion in the market

• Push consumers toward unregulated alternatives

• Undo years of progress on transparency and safety

Be sure to follow our blog and our social media channels (IG, X, Facebook) for the latest Mellow Fellow and hemp news and updates.