November 13, 2025
McConnell adds provision destroying industry he helped create, closing loophole in his own 2018 Farm Bill
On Nov. 12, 2025, President Trump signed legislation ending the 43-day government shutdown that included Section 781—a provision banning hemp products with more than 0.4 mg total THC per container. The provision takes effect Nov. 12, 2026, giving the industry one year to adapt or shut down.
Senator Mitch McConnell (R-KY) added Section 781 to the shutdown bill. McConnell authored the 2018 Farm Bill that legalized hemp, but now says he's 'closing the loophole' companies exploited to create intoxicating products. He called it his final act before retirement.
The 0.4 mg limit applies to the entire container—not per serving. A typical hemp gummy contains 2.5-10 mg THC. The U.S. Hemp Roundtable says this will wipe out 95% of the $28 billion hemp retail market.
Whitney Economics estimates 300,000 jobs are tied to the hemp economy—farmers, extractors, manufacturers, logistics, and retailers. Kentucky, Texas, and Utah face the steepest economic fallout given their hemp infrastructure.
Senator Rand Paul (R-KY) opposed the ban, arguing it 'nullifies all state laws and makes the hemp industry kaput.' He said the limit means 'every plant in the country will have to be destroyed' because the definition of legal hemp itself changed.
The provision also excludes lab-only cannabinoids (THCO, THCP), CBD-to-Delta-8 conversions, and any product with 'quantifiable amounts' of THC or THCA. It changes the hemp definition from delta-9 THC only to total THC at 0.3% on a dry-weight basis.
Senate Minority Leader (R-KY)
U.S. Senator (R-KY)
President of the United States
Industry Group