November 11, 2025
A little-known rider in the bill that ended the government shutdown bans nearly every delta-8 and THC hemp product sold in America—and the alcohol lobby helped write it.
On November 12, 2025, President Trump signed the Continuing Appropriations and Extensions Act of 2026 (H.R. 5371), which ended the government shutdown and included a provision banning nearly all intoxicating hemp-derived products at the federal level. It was the most sweeping change to federal hemp policy since the 2018 Farm Bill.
The law sets a maximum of 0.4 milligrams of total THC per finished product package. That threshold is far below the amounts found in typical delta-8 gummies, hemp beverages, or vape cartridges currently sold in gas stations and wellness shops. Industry attorneys estimate the cap eliminates roughly 95 percent of existing hemp THC products from lawful federal commerce.
The ban shifts the legal definition of 'hemp' from a delta-9 THC-only standard to a 'total THC' standard that includes delta-8, delta-10, HHC, THCP, and other cannabinoid isomers whether naturally occurring or chemically converted from CBD. Products made through chemical conversion—the source of most commercial delta-8—are explicitly excluded from the new hemp definition.
The law builds in a 365-day delay before enforcement begins, meaning the ban takes full effect on November 12, 2026. Congress and the hemp industry have one year to either comply, reformulate products, or pass alternative legislation establishing a regulatory framework similar to alcohol or tobacco.
Senator 
Mitch McConnell of Kentucky authored both the 2018 Farm Bill that legalized hemp and the 2025 provision that closed the loophole it created. McConnell argued that companies had exploited the hemp classification to sell products with effects indistinguishable from marijuana.
The alcohol industry gave more than $12 million in campaign donations to members of Congress and actively lobbied for the hemp ban. Hemp THC beverages, which consumers had been buying as alternatives to beer and liquor, had contributed to declining alcohol sales. Beer, wine, and spirits companies sent letters to congressional leadership urging them to ban hemp THC products while a federal regulatory framework was developed.
Senator 
Rand Paul and Senator Ted Cruz were the only Republicans who voted for an amendment to strip the hemp provision from the bill. Paul threatened to hold up the entire shutdown deal over the provision. The Senate rejected his amendment, and the ban passed as part of the larger funding bill.
The hemp industry generated an estimated $28 billion in revenue in 2025 and had been projected to grow to $47 billion by 2032. The ban affects extractors, manufacturers, wholesalers, and retailers across dozens of states that had built legal hemp economies under the 2018 Farm Bill framework.
Congressional researchers at the Congressional Research Service noted it is 'unclear' how the federal government will actually enforce the ban, citing limited FDA and DEA resources. States that had already built their own hemp regulatory frameworks may continue to allow products that are federally banned, creating a patchwork legal landscape.
States can fully override the federal 0.4 mg package cap with their own laws.
Complete the sentence about rider strategy
The November 2025 hemp rider changed the legal definition of "hemp" from a 0.3% delta-9 THC dry-weight limit to a "total THC" cap counting delta-8, delta-10, THCA, and isomers per package.
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The November 2025 government funding bill included a rider changing federal hemp regulations to impose a 0.4 mg total THC limit per container.
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U.S. Senator (R-KY), former Senate Majority Leader
U.S. Senator (R-KY)
U.S. Senator (R-TX)
U.S. Senator (D-MD)
President of the United States
Alcohol industry lobbyists
Attorneys general of multiple states and territories
civic action
Contact your senators about alternative hemp regulation before November 2026
The 365-day enforcement delay gives Congress a window to pass alternative legislation. Senator Van Hollen and others have proposed building an alcohol-style regulatory model rather than an outright ban. Constituent calls can shape whether lawmakers pursue that path.
Hello, I am [NAME], a constituent from [CITY/STATE]. I am calling about the federal hemp ban included in the November 2025 government funding bill.
Key concerns:
Questions to ask:
Specific request: I am asking [Senator NAME] to introduce or co-sponsor legislation that creates a responsible federal regulatory framework for hemp-derived cannabinoid products rather than allowing the outright ban to take effect.
Question: What is [Senator]'s position on the hemp ban included in the November 2025 shutdown deal?
Thank you for your time.
research
Find out if your state has its own hemp regulation that survives the federal ban
Because FDA and DEA lack resources to enforce the federal ban uniformly, states with their own hemp regulatory frameworks may continue to allow products that are now federally prohibited. The CRS report explains which states have established independent frameworks.
Hello, I am [NAME], a constituent from [CITY/STATE]. I am calling about hemp product regulation in our state.
Key concerns:
Questions to ask:
Specific request: I am asking our state agriculture department or legislature to clarify the status of hemp-derived THC products under state law after the federal ban takes effect.
Question: Is our state planning to align with the federal ban or maintain its own regulatory framework?
Thank you for your time.
research
Track the alcohol lobby's donations to members who voted for the hemp ban
The beer, wine, and spirits industry donated more than $12 million to members of Congress and lobbied directly for the hemp ban. OpenSecrets tracks campaign finance records so you can see whether your own representatives received alcohol industry money before voting on the provision.
Hello, I am [NAME], a constituent from [CITY/STATE]. I am calling about the hemp ban vote in the November 2025 government funding bill.
Key concerns:
Questions to ask:
Specific request: I am asking [Representative/Senator NAME] to disclose any communications with alcohol industry lobbyists regarding the hemp provision in the November 2025 funding bill.
Question: What is [Representative/Senator]'s position on whether major industry policy riders should be attached to must-pass spending bills?
Thank you for your time.
legislative
Submit public comments to FDA about hemp product regulation
FDA has authority over food and drug safety and will be responsible for enforcing the hemp ban. The agency has previously sought public comment on hemp and CBD regulation. Submitting comments puts your perspective in the official regulatory record.
Hello, I am [NAME], a constituent from [CITY/STATE]. I am calling about FDA's role in regulating hemp-derived products.
Key concerns:
Questions to ask:
Specific request: I am asking FDA to open a public comment period on hemp product regulation before the November 2026 enforcement deadline.
Question: What enforcement priorities will FDA set for the hemp ban, and how will consumers and businesses learn what is permissible?
Thank you for your time.