Senate action left a controversial hemp-related provision in a must-pass spending package, prompting objections from Sen. Rand Paul who says the language would cripple Kentucky hemp farmers and small businesses while opponents argue federal oversight is needed.

Sen. Rand Paul (R-KY) pushed to strip language from a government funding bill that would sharply restrict hemp-derived THC products, but the Senate rejected his amendment and advanced the measure toward the House. Paul framed his fight as protection for Kentucky jobs and the livelihoods tied to the state’s hemp industry, saying the provision is unrelated to reopening the government.

The disputed language would change how legal hemp is defined and impose limits that critics say amount to a nationwide ban on intoxicating hemp-based products like Delta-8. Under current federal rules, hemp-derived THC products are legal when total THC stays under 0.3 percent, but the new provision would restrict potency to a fraction of that by capping THC at 0.4 milligrams per container.

Senate Majority Leader John Thune (R-S.D.) told reporters Monday morning there is only one “objector” to speeding up Senate consideration of the government funding package, referring to Paul, who wants to strip a provision from the package that would prevent the unregulated sale of intoxicating hemp-based products.

Paul said he’s just doing his job by standing up for Kentucky’s hemp industry. He argued he’s fully entitled under the Senate rules to use all the procedural time at his disposal to scrutinize the government funding package — which he opposes.

“Just to be clear: I am not delaying this bill. The timing is already fixed under Senate procedure. But there is extraneous language in this package that has nothing to do with reopening the government and would harm Kentucky’s hemp farmers and small businesses,” Paul said in a statement posted on the social platform X.  

“Standing up for Kentucky jobs is part of my job,” he wrote.

Paul wants to strip out language from the bill funding the Department of Agriculture that would ban the unregulated sale of intoxicating hemp-based or hemp-derived products, such as Delta-8, from being sold online or at gas stations and corner stores. The deal the Senate advanced Sunday includes full-year funding bills for military construction, veterans’ affairs, the Department of Agriculture and the legislative branch.

The Senate’s vote keeps the anti-hemp language in place and sends the bill to the House where lawmakers now have the chance to revisit the provision. House Republicans, including representatives from hemp-producing states, have previously pushed back against anti-hemp riders and argued that agriculture funding is not the right place for measures that effectively outlaw a regulated legal market.

Supporters of the stricter language point to public safety and say federal oversight is necessary to prevent intoxicating hemp products from reaching consumers without regulation. Opponents counter that the measure would wipe out a growing sector that, under the 2018 Farm Bill framework, supports hundreds of thousands of jobs and substantial economic activity.

Lawmakers who backed the hemp industry noted the sector’s economic impact: the hemp industry supports 320,000 American jobs, generates $28.4 billion in regulated market activity, and produces some $1.5 billion in state tax revenue. Those figures have been cited by members who argue that blunt federal limits would destroy businesses that have invested under current law.

At the same time, an organized campaign from the beer, wine and distilled spirits industries pushed senators to oppose Paul’s amendment. A coalition representing those producers circulated a letter urging colleagues to “reject Sen. Paul’s attempts to allow hemp-derived THC products to be sold devoid of federal regulation and oversight across the country.”

That lobbying pressure helps explain why the amendment failed in the Senate despite Paul’s objections, but the fight is not over. With the package now in the House, lawmakers who represent hemp-growing districts can press for narrower, targeted language or seek to strip the provision entirely as the appropriations process continues.

Sen. Paul framed his hold-up as a rule-driven use of Senate procedure to demand scrutiny, insisting he was defending Kentucky jobs rather than trying to stall a government-reopening bill. His office maintained the provision was unrelated to the budget and would unfairly target small producers and retailers in hemp-friendly states.

Editor’s Note: After more than 40 days of screwing Americans, a few Dems have finally caved. The Schumer Shutdown was never about principle—just inflicting pain for political points.

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