In a mounting effort to address what they see as an unintended consequence of the 2018 Farm Bill, Republican lawmakers are working to close a “hemp loophole” that has fueled the rise of intoxicating hemp-derived products. Yet despite shared concerns, divisions within the GOP have complicated the path forward, particularly in the Senate, where Kentucky Senators Mitch McConnell and Rand Paul find themselves at odds.
At the center of the controversy is the rapid growth of products derived from hemp—especially those containing delta-8 THC and other intoxicating cannabinoids—legalized indirectly by the 2018 Farm Bill. That legislation, championed by Sen. McConnell, was originally intended to give American farmers a boost by defining hemp as a legal agricultural commodity, distinct from marijuana, provided its THC content did not exceed 0.3% delta-9 THC by dry weight.
But McConnell has since criticized how that legislation has been used to legally extract intoxicating levels of THC through synthetics or chemical manipulation. “Bad actors are exploiting the intent of the law,” McConnell said on the Senate floor in July. He argued that manufacturers are taking legal hemp and chemically altering it into substances capable of producing a high, exposing children and others to potential harm.
McConnell proposed an amendment to the fiscal 2026 appropriations bill for the USDA and FDA that would have effectively closed this loophole, but that effort was stymied—ironically, by his fellow Kentuckian, Sen. Rand Paul. Paul objected to language that he said was overly vague and could criminalize nearly all hemp products, thereby decimating the industry.
“My concern is that this non-specific law could be interpreted to mean zero THC,” Paul wrote in an op-ed for the Courier-Journal, arguing that this would make legal production nearly impossible. He warned that outlawing products with even trace amounts of THC would not only destroy the market but also eliminate products consumers use for wellness purposes.
Paul emphasized that under current law, hemp may contain up to 0.3% delta-9 THC—a level too low to cause intoxication. “The hemp industry has warned that completely prohibiting a naturally occurring substance will destroy the industry,” he said, calling instead for a more nuanced approach.
Meanwhile, House Republicans have inserted similar language into their version of the USDA and FDA funding bill, sparking concern among hemp advocates that most hemp-derived products—including popular hemp beverages and extracts—could be banned.
Jonathan Miller, general counsel for the U.S. Hemp Roundtable, pushed back against the GOP’s narrative, asserting that the 2018 Farm Bill clearly authorized not just hemp fiber and grain, but also extracts and cannabinoids. “You go to liquor stores, or sometimes convenience stores, and purchase these hemp beverages,” he said. “This legislation… would put that all to bed.”
Despite the disagreement, GOP leadership remains firm on the need for reform. Sen. John Hoeven (R-ND), who chairs the relevant appropriations subcommittee, supports McConnell’s efforts and has called for more “safeguards” on hemp product sales. Likewise, Senate Agriculture Committee Chair John Boozman (R-AR) acknowledged the difficulty in reaching consensus but affirmed the issue must be addressed. “It’s all about protecting young people right now,” Boozman told The Hill, noting a spike in THC-related poisoning incidents among minors.
McConnell allowed his amendment to be stripped from the funding bill to avoid derailing the broader package. However, he vowed not to give up the fight. “This language would have remained in the appropriations package had one senator not derailed the process,” he said, making clear he’ll pursue other legislative vehicles to push it forward.
Republicans in both chambers continue working behind the scenes to craft a compromise, with the potential for reconciliation during the upcoming House-Senate conference on the appropriations package. Boozman suggested a deal may still be possible, stating, “We might be able to modify that some… or find a different vehicle.”
