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.

Trump issued an Executive Order in March 2026 calling for hemp research and exploring therapeutic applications of hemp-derived compounds. On April 27, 2026, Trump sent a letter to Congress requesting that lawmakers amend the November 2025 funding bill to reverse the hemp recriminalization provision. Trump stated that hemp has legitimate medical and commercial uses. Trump cannot veto a bill he already signed, so only new legislation passed by Congress and signed by Trump can reverse the ban. This created a bipartisan urgency to pass correction legislation before November 12.

Senators Rand Paul (R-Kentucky), Amy Klobuchar (D-Minnesota), and Joni Ernst (R-Iowa) introduced the Hemp Safety Enforcement Act on April 20, 2026. The bill empowers individual states to choose whether to adopt the federal ban or establish independent state regulation of hemp and CBD products. States opting for state regulation would allow manufacturers, retailers, and consumers to operate hemp businesses under state law rather than being subject to federal criminalization. The federalism approach reflects Paul's legislative philosophy of devolving regulatory authority to states.

Delta-8 and delta-10 THC are minor cannabinoids that produce milder effects than delta-9 THC found in cannabis. Delta-8 can be derived from hemp or synthesized from CBD through chemical conversion. Consumers report using delta-8 for pain, anxiety, and insomnia without the anxiety or paranoia sometimes associated with delta-9. The hemp industry market for delta-8 products grew from under 100 million dollars in 2020 to approximately 4 billion dollars by 2025. Non-intoxicating CBD is used for inflammation, pain management, and has some evidence for anxiety and seizure reduction.

Pharmaceutical companies including GW Pharmaceuticals (maker of Epidiolex, an FDA-approved CBD medication) and others lobbied Congress to restrict hemp-derived CBD and delta-8 products, arguing they were unregulated competition to pharmaceutical products. GW Pharmaceuticals spent 2.8 million dollars on lobbying in 2025 specifically targeting hemp regulation. If hemp-derived products are recriminalized, consumers would be unable to purchase these products except through pharmaceutical channels at prescription price points rather than over-the-counter retail prices.

The November 2025 hemp provision created conflict between Trump's stated support for hemp research and the text of the bill he signed. Trump had not read the specific provision before signing H.R. 5371 and did not anticipate the hemp language would create political problems for him among hemp industry supporters and state-level Republican allies like Paul and Ernst. Trump's April 27 request to reverse the provision reflected pragmatic political calculation that hemp recriminalization was unpopular across red and blue states.

Congress must pass legislation reversing the hemp ban before November 12, 2026. The Hemp Safety Enforcement Act represents the leading legislative solution but faces significant pharmaceutical industry lobbying. Senate and House calendars are tight with other priorities including judicial confirmations, spending measures, and international trade negotiations. Unless Congress prioritizes the Hemp Safety Enforcement Act, hemp products will become federally prohibited beginning November 12 and thousands of small businesses will be forced to close or relocate to states with independent regulation.

Congressional action on the Hemp Safety Enforcement Act moved slowly. The bill was referred to the Senate Judiciary Committee but no hearing had been scheduled as of late April 2026. Industry groups including the Hemp Industries Association and National Hemp Association launched lobbying campaigns and grassroots pressure on senators. The 28 billion dollar industry employed sufficient numbers of voters in key states that senators faced constituent pressure to support the Paul-Klobuchar-Ernst bill. Time was limited—legislation would need passage by early November to allow implementation before the ban takes effect.