The U.S. Senate has passed legislation to reopen the federal government that also includes a ban on intoxicating hemp beverages.
The provision, added by Senate Republican Leader Mitch McConnell, closes what he calls a “hemp loophole” in the 2018 Farm Bill. The new rules prohibit Delta-8 products and other synthetic hemp items containing more than 0.3% THC.
The Food and Drug Administration says THC has psychoactive and intoxicating effects. The FDA said concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol.
Delta-8-THC can be consumed in many different ways, including in edible products. Because of how Delta-8 is made, it can be seen as a legal alternative to marijuana.
Kentucky Sen. Rand Paul sought to strip the language from the bill, arguing it would hurt Kentucky farmers. Paul was the only Republican to vote against the bill to reopen the government.
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The ban will not take effect for one year, allowing time for possible changes.
The convenience store industry has opposed the measure, voicing support for regulation of the products instead of an outright ban.
“It is unfortunate that the Senate decided to ban, rather than regulate, intoxicating hemp beverages,” said Jon Taets, director, government relations at NACS. “We have found across many product categories that prohibition doesn’t work. Sound regulation allowing responsible retailers to sell these products is a better approach and we will continue to work with the Congress toward an outcome that works for the industry.”
