Trump urges Congress to reverse hemp ban he signed five months ago
Trump urges Congress to reverse hemp ban he signed five months ago
The November 2025 government funding bill H.R. 5371 that President Trump signed included a provision recriminalizing most hemp-derived THC products including delta-8, delta-10, and potentially non-intoxicating CBD products beginning November 12, 2026. The bill was 4,000 pages and the hemp provision was inserted late in negotiations without public hearings or debate. Pharmaceutical companies lobbying for the provision argued that hemp-derived products competed with FDA-approved medications. The provision defines hemp products containing detectable delta-8 or delta-10 THC as controlled substances under the Controlled Substances Act.
Key Concepts
Essential concepts and terms to understand this topic
One Big Beautiful Bill Act
A House Republican reconciliation bill containing approximately $1 trillion in Medicaid cuts over 10 years, along with tax cuts and spending changes on immigration, energy, and other priorities. It can pass the Senate with a simple 51-vote majority.
Conflict Preemption
Federal law blocking state law when the two cannot coexist
Legislative Process
The constitutional steps a bill must follow — introduction, committee review, floor votes in both chambers, and presidential action — to become federal law.
Twenty-First Amendment
The only amendment to repeal another; it ended the nationwide alcohol ban (18th Amendment) and gave states broad authority to regulate alcohol sales, distribution, and consumption.
Ratification Timeline
Time period states have to approve a proposed constitutional amendment
Volstead Act Enforcement
Federal law implementing 18th Amendment alcohol prohibition
Failure and Repeal
Prohibition's collapse as a constitutional social experiment
Federal Preemption
Federal law supersedes conflicting state or local law under the Supremacy Clause.
Section 122 of the Trade Act of 1974
A statutory framework—distinct from Section 122—establishing the legal authority under the Trade Act of 1974 for the president to address balance-of-payments and national security trade matters.
Federalism
Power is divided between the federal government and state governments, each exercising authority in designated areas.
Key People
8
Donald Trump
President
Signed H.R. 5371 in November 2025, which contained the hemp recriminalization provision he had not anticipated. Issued Executive Order in March 2026 calling for hemp research. Sent letter to Congress April 27, 2026 requesting amendment to reverse hemp ban. Cannot use presidential veto on provisions already signed.
RP
Rand Paul
U.S. Senator (R-Kentucky)
Co-sponsored Hemp Safety Enforcement Act April 20, 2026 allowing states to regulate hemp independently. Emphasized state regulatory authority over federal criminalization. Led federalist approach giving states choice on hemp regulation.
Amy Klobuchar
U.S. Senator (D-Minnesota)
Co-sponsored Hemp Safety Enforcement Act April 20, 2026. Emphasized impact on Minnesota hemp farmers and small businesses. Highlighted bipartisan support for hemp legalization and state regulation.
Joni Ernst
U.S. Senator (R-Iowa)
Co-sponsored Hemp Safety Enforcement Act April 20, 2026. Supported state regulatory authority for hemp. Emphasized impact on Iowa farmers and rural communities dependent on hemp agriculture.
GP
GW Pharmaceuticals lobbyists
Pharmaceutical industry representatives
Lobbied Congress in 2025 to restrict hemp-derived CBD and delta-8 products, spending 2.8 million dollars on the effort. Argued that unregulated hemp products competed with FDA-approved Epidiolex. Successfully secured hemp recriminalization in H.R. 5371.
Hemp industry leaders
Industry representatives
Led grassroots campaigns to support Hemp Safety Enforcement Act. Mobilized farmers, retailers, and consumers to pressure senators for passage. Estimated 28 billion dollar industry was threatened by recriminalization taking effect November 12.
JO
Joe Ogen
Executive Director, Hemp Industries Association
Coordinated industry response to hemp recriminalization. Testified before Senate committees on hemp industry economic impact. Supported Hemp Safety Enforcement Act as solution to 2018 Farm Bill legalization.
SJ
Senate Judiciary Committee
Oversight committee
Received Hemp Safety Enforcement Act for review. Had authority to schedule hearings and advance legislation to full Senate vote. As of late April, no hearing had been scheduled despite April 27 Trump letter.
Claims & Perspectives
True
True
Trump signed H.R. 5371 in November 2025 containing hemp recriminalization provision
H.R. 5371, the 2025 government funding bill, included a provision recriminalizing most hemp-derived THC products effective November 12, 2026. Trump signed the bill without identifying the specific hemp language.
True
Paul, Klobuchar, and Ernst co-sponsored Hemp Safety Enforcement Act April 20, 2026
Three senators introduced the bipartisan Hemp Safety Enforcement Act on April 20, 2026. The bill allows states to regulate hemp independently from federal criminalization.
True
Hemp industry generates 28 billion dollars in annual sales
Multiple industry sources document that the hemp industry generates approximately 28 billion dollars in annual revenue across farmers, manufacturers, retailers, and consumers of delta-8, delta-10, and CBD products.
True
Delta-8 and delta-10 are hemp-derived THC compounds with milder effects than delta-9
Delta-8 and delta-10 are minor cannabinoids present in hemp or synthesized from CBD. They produce milder psychoactive effects than delta-9 THC and are used for pain, anxiety, and insomnia.
True
GW Pharmaceuticals spent 2.8 million dollars lobbying Congress on hemp regulation in 2025
GW Pharmaceuticals, maker of FDA-approved Epidiolex CBD medication, spent 2.8 million dollars on lobbying efforts specifically targeting hemp product regulation to restrict competition from hemp-derived CBD products.
True
The 2018 Farm Bill legalized hemp cultivation with less than 0.3% delta-9 THC
The 2018 Farm Bill (Agriculture Improvement Act) legalized hemp as an agricultural crop if plants contain less than 0.3% delta-9 THC. This legalization sparked the hemp industry expansion from 2019–2025.
What you can do
Call your senators to support the Hemp Safety Enforcement Act allowing state regulation
civic action
The Hemp Safety Enforcement Act gives states the choice to regulate hemp instead of allowing federal recriminalization taking effect November 12. If your senators have not co-sponsored this bill, they should hear constituent support for state hemp regulation. This legislation protects 28 billion dollar industry and thousands of small businesses. Your call can pressure your senators to co-sponsor and move the bill through Senate Judiciary Committee.
Research hemp industry economic data and file testimony for Senate Judiciary hearings
research
The Hemp Industries Association and National Hemp Association are preparing testimony on hemp industry economic impact for Senate hearings. You can research how many hemp jobs exist in your state, which companies employ hemp workers, and what would happen if recriminalization occurs November 12. Filing public comments with the Senate Judiciary Committee ahead of any hearing can create a record showing constituent support for hemp legalization and state regulation.
Support passage of Hemp Safety Enforcement Act before November 12, 2026 deadline
legislative
The Hemp Safety Enforcement Act is the only legislative solution to reverse Trump's signed hemp recriminalization. Congress must pass this bill and Trump must sign it before November 12, 2026 for hemp products to remain legal. Without legislative action, the ban takes effect and hemp businesses must close. Supporting the bill through grassroots advocacy, contacting House members, and signing industry petitions can create urgency for congressional passage.