Senate Passes Funding Bill Restricting Intoxicating Hemp

The U.S. Senate passed a government funding bill late Monday to avert a prolonged federal shutdown, but the measure includes a provision that would severely restrict the sale of intoxicating hemp-derived products nationwide. The legislation, now headed to the House for a vote as early as Tuesday, targets products like THC-infused gummies, beverages and vapes that have proliferated since the 2018 Farm Bill legalized hemp with low THC levels.

The provision, inserted by Senate Republican Leader Mitch McConnell of Kentucky, closes what supporters describe as an unintended loophole in federal law. It would prohibit the unregulated sale of hemp-based or derived products containing more than trace amounts of tetrahydrocannabinol, or THC, the cannabis plant's primary psychoactive compound. Sales of such items would be banned in places like gas stations, smoke shops and online platforms, while non-intoxicating CBD products and industrial hemp for fiber, oil and research would remain permitted. The changes would take effect 365 days after President Joe Biden signs the bill, which is expected if it clears the House.

The inclusion follows years of advocacy from state officials and the legal...