Federal Hemp Ban? Congress Advances Bill Targeting Delta-8, THCA, and More

The proposed language was included in the House Appropriations Subcommittee’s agriculture spending bill. It would change the federal definition of hemp to prohibit any consumable product with a “quantifiable” level of THC or a similar intoxicating cannabinoid. If passed, it would close what some lawmakers call the “Farm Bill loophole” — but for the hemp industry, it could mean the end of legal sales for a wide range of products.

These cannabinoids include Delta-8, Delta-10, THCP, HHC, THC-O, and even high-THCA flower. Many of these compounds are extracted from legal hemp but have effects similar to Delta-9 THC, the main compound in marijuana. Because they’re derived from hemp and contain under 0.3% Delta-9, they’ve remained federally legal — until now.

Representative Andy Harris (R-MD), who introduced the measure, argues that the federal government must act where states have failed. “We’ve seen intoxicating products being sold at gas stations, vape shops, and online, often without age restrictions or testing,” he said. “This is not what Congress intended when it legalized hemp.”

Which Products Would Be Banned?

The updated definition would impact nearly every hemp-derived product that produces a psychoactive effect. This includes:

• Delta-8 THC gummies, disposables, and tinctures
• THCA flower – even if it converts to THC only after heating
• HHC and THCP products
• THC-O cartridges and edibles
• Full-spectrum CBD oils with trace THC

Broad-spectrum and isolate CBD products with zero THC would likely remain legal. However, many small businesses rely on full-spectrum formulations to meet customer demand for stronger effects — especially among customers seeking alternatives to cannabis in states where marijuana remains prohibited.

States Like Texas and Tennessee Already Pushing Bans

Some states aren’t waiting on Congress. Texas recently passed Senate Bill 3, which would ban consumable hemp products with any THC content — including Delta-8 and even some CBD products. In Tennessee, lawmakers approved a similar restriction set to take effect in 2026, targeting THCA and synthetic cannabinoids.

These moves show a coordinated trend: lawmakers are responding to pressure from health officials, law enforcement, and in some cases the marijuana industry, which sees hemp-derived products as unfair competition.

Industry Reacts: “This Could Destroy the Hemp Market”

Industry groups are pushing back. The U.S. Hemp Roundtable has labeled the measure a “hemp-killing” amendment and is calling on Congress to remove it before the full bill advances. Jonathan Miller, the organization’s general counsel, warned, “This would shut down thousands of businesses and remove affordable wellness products from millions of Americans.”

Even trade groups representing the alcohol industry have weighed in. The Wine & Spirits Wholesalers of America said the proposal was “overbroad” and could damage state-level regulation efforts already in place.

How to Take Action

The bill is not law yet. It still must pass the full House, Senate, and be signed by the President. Advocates are urging consumers, retailers, and manufacturers to contact lawmakers and voice their concerns.

You can take action by visiting hempsupporter.com, where the U.S. Hemp Roundtable offers a form to send emails directly to your representatives. Sharing your experience and how these products help you or your business can make a big difference.

High Wire Payments is committed to supporting legal hemp merchants with compliant payment solutions. We’ll continue to monitor this legislation closely and provide updates as it progresses.