November 13 2025
Congressional Bill Effectively Bans all CBD products.
This week, Congress voted to install new, highly restrictive rules for the farm bill legislation which allowed farms to grow hemp. Essentially, the rules will stop cannabinoid hemp activity and CBD production. Though the rule does not take effect until November 2026 it has cast a dark shadow over a growing industry.
What does the Federal Hemp Ban do?
It tightens the definition of hemp to .3% total THC. It also restricts the amount of THC per container to .4 mg. These two compliance levels effectively end CBD production and CBD products. Why? Because cannabinoid hemp plants produce no delta 9 THC, but .4 to .8% THCa. That is not enough to get anyone high. But if farms are only allowed to produce .3% or lower material, there are no known genetics that meet that level. We cannot grow hemp legally under these restrictions. If we cannot grow the raw material, we cannot provide hemp for extraction. Thus, the end of gummies, tinctures and other CBD products.
It further limits – in what might be a moot point – total THC in any one container to .4mg THC. Most containers are an ounce or more of material. This is challenging because most laboratories are not able to measure THC at such low levels. Current lab technology is challenged to provide a passing grade for products.
Who championed the Hemp Ban and Why?
Mitch McConnell championed this rule. He inserted it at the last minute into the bill created to end the federal government shutdown. He was thus able to get it passed without due process. Why he did this is unknown. But speculation is that the liquor industry is opposed to new CBD drinks that were taking market share away from their products. Mr. McConnell is an odd choice to champion this, as he was originally a proponent of the farm bill which allowed for hemp production.
What was the Stated Reason for the Hemp Ban?
Unfortunately, The farm bill created some grey areas in the definition of hemp. Creative laboratories created what are called isomers from CBD. Some of those isomers are intoxicating. And they were not regulated. An isomer is created by editing a simple connection or two in a molecule. The CBD molecule was changed into variations such as Delta 8, Delta 9 and HHC. Because these are hemp-derived, they are allowed by law. Furthermore, they could legally be sold to minors outside regulated dispensaries.
In addition, some states focused on delta 9 THC rather than the natural precursor which is THCa. Companies were selling THCa material as something other than what it really is – marijuana. Identifying Marijuana as THCa allowed them to bypass regulators and ship marijuana flower throughout the US.
This is clearly not good, nor was it the intent of the farm bill. Clearly this needed regulation. Unfortunately the way it was addressed eliminates the good players along with those exploiting the loophole.
More information here from The Washington Post.
What is the way forward for CBD?
We don’t know at this point. There is a year of operation as usual before this is implemented. We believe that the bill will be modified to allow quality CBD production to continue. We agree that THCa and intoxicating isomers should be regulated, and should not be part of the CBD landscape. Along with the country’s hemp farmers, we support a universally applied threshold for hemp of 1% THC. That is not enough to be intoxicating, and it allows for continued production of healing CBD remedies.
What can you do?
Contact your US Representatives and Senators. Let them know that you use CBD and find it helpful. We are all concerned about losing access to CBD remedies. The majority of CBD users are not looking to get intoxicated. Ask that they consider this when passing legislation concerning a natural substance which so many of us find helpful.
If you have benefited from CBD, please contact your representatives. You might be surprised to learn how effective emails to your representatives are. Your letter will be read and counted. These do influence votes, primarily because your reps want to stay in office.
Sadly our history has been full of prohibitionist. Be loud in the fight. We can make a change happen. Contact your elected officials.
BTW -What groups are organized we can contact and support?
Several groups are forming, in the form of PACs and lobbying groups. ORHAA, Hemp Roundtable, US Hemp Association are a few. We believe that another highly effective means of supporting change to this language is by writing to your Senators and congressional reps. They need to hear from everyday users of CBD.