U.S. Senator Mitch McConnell (R-KY) has secured language in the Senate’s FY 2026 Agriculture Appropriations bill aimed at closing a loophole that has allowed the sale of unregulated intoxicating THC products across the country. The measure seeks to maintain legal protections for non-intoxicating CBD and industrial hemp products, reinforcing what McConnell describes as the original intent of the 2018 Farm Bill.
Senator McConnell, who is a senior member of both the Senate Agriculture and Appropriations Committees, stated, “The language I helped secure in the Agriculture Appropriations bill addresses a serious concern regarding the manufacturing and selling of unregulated, intoxicating THC products nationwide.”
If passed by both chambers of Congress, the bill will be sent to President Trump for his signature.
Key elements of the hemp provision include defining “industrial hemp” for industrial applications such as seed, stock, fiber, and grain oil or for use in federally authorized research. The legislation prohibits synthetic cannabinoids and excludes from its definition any product containing more than 0.4 milligrams of THC per package or container. It retains the existing 0.3% THC limit for hemp plants grown in fields and does not set limits on non-intoxicating CBD content in products or containers. There is also a one-year implementation delay included to allow farmers time to adjust, with a requirement that FDA provide industry guidance within 90 days.
Senator McConnell said, “The language included in today’s bill preserves the legitimate hemp industry while addressing the rise of intoxicating and synthetic THC products. Industrial hemp and CBD will remain legal for industrial applications — such as seed, stock, fiber, grain oil — or used in drug trials, federally authorized research, or research at an institution of higher education, such as the University of Kentucky College of Agriculture’s Industrial Hemp Research Program.” He added: “I am proud to have championed this language that keeps these products out of the hands of children, secures the future of regulated hemp businesses, and keeps our promise to American farmers and law enforcement by clarifying the intention in the 2018 Farm Bill.”
Tommy Loving, Executive Director of the Kentucky Narcotic Officers’ Association (KNOA), commented on concerns about youth access: “These psychoactive products are being sold openly in vape shops and convenience stores with little to no regulation, making them readily accessible to middle and high school students. Their intoxicating effects can impair judgment, hinder academic performance, and increase the likelihood of progression to more dangerous substances. The KNOA is far more concerned for the welfare of our youth than for the profits of an industry that converts hemp into such harmful products.” Loving continued: “The Kentucky Narcotic Officers’ Association commends Senator Mitch McConnell for his continued leadership in working to close this loophole. Senator McConnell has long been an advocate for protecting children and supporting law enforcement efforts to keep our communities safe.”
Gary Fields, Superintendent at Bowling Green Independent School District echoed these concerns: “Our community works together to keep all of our children safe from many threats. Unfortunately, the proliferation of vaping products that contain delta-8, delta-9, and delta-10 are readily available at retail outlets in all areas of our community. These vapes are being purchased and used by students as young as 10 years old. Students who many times are trying vaping for the first time are being exposed to intoxicating hemp products and the results are dangerous. We have created a system that does not provide safeguards to protect our K-12 students from these dangerous products. I commend Senator McConnell for working to close these loopholes in order to protect every child in Kentucky.”
Geoff Whaling from National Hemp Association praised McConnell’s ongoing support: “Senator McConnell’s steadfast leadership since 2013 has been instrumental in establishing industrial hemp as a critical new commodity paving the way for growth in American agriculture and manufacturing. The National Hemp Association looks forward to working with him and his colleagues to secure a promising future for our nation’s hemp farmers and many benefits hemp provides.”
Supporters beyond Kentucky have weighed in on this issue:
Thirty-nine Attorneys General wrote Congress urging clarification on federal definitions related to intoxicating hemp-derived THC products during appropriations or through reauthorization measures like an updated Farm Bill. In their letter they said: “We ask that Congress clarify federal definition…to leave no doubt that these harmful products are illegal…Many…created by manufacturers by manipulating hemp…are more intoxicating…than marijuana…and often marketed minors…Unless Congress acts…this gross distortion…will continue fuel rapid growth underregulated industry threatens public health safety undermines law enforcement nationwide.”
Health organizations also raised alarms about youth exposure through easy access via gas stations or online sales; they highlighted thousands calls poison control centers involving young children due current regulatory gaps.
Dr. Matt Rossheim—a professor focused on substance use prevention—wrote an op-ed noting over 10,000 cases handled by poison control centers since 2021 related specifically delta-8 THC; he pointed out pediatric cannabis poisonings increased sixfold since 2018 just within Kentucky alone.
Rossheim wrote: “Since 2021 poison control centers have handled more than 10 000 delta‐8 THC cases…In Kentucky pediatric cannabis poisonings have increased sixfold since 2018…and youth presenting Cannabis Hyperemesis Syndrome…have risen tenfold…No parent should have wonder whether pack gummies corner store could send their child ER…Some claim banning intoxicating THC would destroy entire market…but countless legitimate uses…To suggest markets can’t survive without marijuana look-alikes is like saying corn farmers can’t thrive without moonshine…it’s simply not true.”
