Closing the Loophole: Why the Federal Budget Must Ban Hemp Derived THC and THCA Flower
A controversial provision tucked into the 2026 federal budget proposal could reshape the hemp industry—and potentially save lives. The measure, introduced by Rep. Andy Harris (R-MD), seeks to ban intoxicating hemp-derived cannabinoids like delta-8 THC and THCA flower by redefining what qualifies as legal hemp under federal law.
While critics argue the move is too aggressive, public health advocates say it’s long overdue.
What the Budget Provision Would Do
The proposal would amend the definition of hemp to:
Ban THCA flower, which converts into psychoactive THC when heated.
Prohibit synthetic or semi-synthetic cannabinoids like delta-10 and THCP that are manufactured outside the plant.
Empower the Department of Health and Human Services to determine what constitutes “quantifiable” levels of intoxicating cannabinoids.
This would effectively remove legal protections for many hemp-derived products currently sold in vape shops, gas stations, and online, often without age restrictions or safety testing.
Why This Ban Needs to Pass
1. Protecting Youth from Unregulated Intoxicants. These products are widely accessible to minors and often marketed with colorful packaging and candy-like flavors. Without federal oversight, they’ve become a backdoor to THC exposure for teens.
2. Closing a Dangerous Legal Loophole. The 2018 Farm Bill legalized hemp with less than 0.3% delta-9 THC, but didn’t account for other intoxicating cannabinoids. Manufacturers exploited this gap, creating a booming market for chemically altered hemp products that mimic marijuana’s effects.
3. Preventing Public Health Risks. Many of these products are untested, mislabeled, and potentially contaminated with heavy metals or residual solvents. Consumers often have no idea what they’re inhaling or ingesting.
4. Supporting Legitimate Hemp Farmers Industrial hemp growers focused on fiber, grain, and CBD have been overshadowed by the intoxicating hemp market. This ban would help restore the original intent of the hemp industry, without the psychoactive loopholes.
What Happens If It Doesn’t Pass?
If Congress fails to act:
The unregulated market will continue to grow, putting more teens and vulnerable populations at risk.
States will be left to patch together inconsistent laws, creating confusion for consumers and enforcement agencies.
Public trust in hemp and cannabis regulation will erode, making it harder to implement future reforms.
Addiction and accidental poisonings may rise, especially among youth and pets exposed to mislabeled or high-potency products.
The Bottom Line
This isn’t about banning hemp—it’s about reining in a runaway market that’s outpaced science, safety, and common sense. If we don’t close this loophole now, we risk normalizing a new wave of addiction and health harms under the false banner of “natural” or “legal” highs.
The federal budget may seem like an unlikely battleground, but in this case, it’s where public health and policy collide. And the stakes couldn’t be higher.
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