Language was included in the Agriculture Appropriations Bill

The Distilled Spirits Council of the United States (DISCUS) today applauded the Senate Appropriations Committee for passing language to end the 2018 Farm Bill loophole that unintentionally allowed the unregulated proliferation of intoxicating hemp products across the country. The language was included in the FY26 Agriculture Appropriations Bill.

“DISCUS believes that intoxicating hemp products in any form should be treated as equivalent to marijuana products in terms of regulations, taxation and retailing,” said Chris Swonger, president and CEO of DISCUS.  “We applaud Senator McConnell for working to close the Farm Bill loophole that unintentionally allowed intoxicating-hemp products to be sold across the country absent any taxation or regulation. Due to the lack of oversight created by the loophole, there are not consistent age restrictions or labeling requirements for intoxicating hemp products, creating a confusing and unsafe marketplace. Many states are also grappling with how to regulate new intoxicating hemp products in relation to combating impaired driving and underage consumption. The responsible regulation of these products is imperative in informing and protecting consumers, and we urge members to maintain this important language as the bill is marked up.”

If implemented, the language would ban any product with a “quantifiable” amount of THC or any cannabinoid that has, or is marketed to have, similar intoxicating effects. The provision would still allow hemp to be used for fiber, seed and grain, as originally intended in the 2018 Farm Bill.

The bill now heads to the full Senate for consideration.