Sen. Rand Paul (R-KY) said during a Tuesday online town hall that he and Sen. Amy Klobuchar (D-MN) plan to introduce bipartisan legislation this week to prevent what he called the "disaster" of federal hemp THC recriminalization set to take effect in November.
Hemp products with less than 0.3 percent delta-9 THC by dry weight were federally legalized under the 2018 Farm Bill signed by President Donald Trump during his first term, building a multi-billion-dollar industry. But legislation Trump signed late last year redefines hemp so that only products containing 0.4 milligrams or less of total THC per container remain legal.
The Paul-Klobuchar bill, whose text has not yet been made public, would allow states to opt out of the federal recriminalization policy and conduct interstate commerce among themselves. Paul argued that states already regulating hemp should have their laws supersede federal law.
"She's on the Agricultural Committee, and they do the Farm Bill. Our hope is that she can get a vote in committee to try to attach this to the Farm Bill," Paul said of Klobuchar. "We're keeping our fingers crossed, but it's difficult for those in business right now, because it's a crop, it has to be planted, and if it's going to be made illegal in November, farmers are wondering whether they should plant it this year."
Paul noted that Kentucky's hemp industry has grown substantially, with new companies expanding by millions of dollars. He announced in November that a similar bill was imminent, but it was never filed. Other lawmakers have introduced legislation to delay the hemp THC recriminalization without gaining congressional traction.
Separately, the Trump administration this month launched a program through the Centers for Medicare & Medicaid Services (CMS) to cover up to $500 worth of hemp-derived products annually for eligible Medicare patients, focused largely on CBD but permitting some THC. Anti-marijuana groups sued to block the policy; lawyers for Health and Human Services Secretary Robert F. Kennedy Jr. and CMS Director Mehmet Oz filed a brief seeking dismissal. CMS also finalized a rule allowing some hemp products as Medicare Advantage benefits, and the FDA issued guidance stating it will not interfere with the Medicare hemp coverage plan. The White House Office of Management and Budget has been holding meetings on an FDA CBD products enforcement policy.
Retailer Target has obtained licenses from Minnesota regulators to sell lower-potency hemp edible products—including THC drinks—at all 72 of its stores in the state, after a 10-store pilot program in Minnesota last year.
