35 attorneys general urge Senate to let hemp ban implementation take effect
Over half of the nation’s attorneys general sent a joint letter to the Senate and House appropriations committees urging them to proceed with the federal hemp ban scheduled to take effect in November,opposing delays. The Senate Appropriations Committee has proposed a bipartisan continuing resolution to fund the government through December 11 and extend the hemp ban implementation deadline by about a month, from November 12 to December 11. This extension has faced scrutiny from attorneys general across various states, who advocate for the law’s original enactment and oppose any delays or reversals.
The hemp definition change, set to be implemented in November 2025, drastically restricts hemp with a total THC content of 0.4 milligrams per container, down from the previous threshold of less than 0.3% Delta-9 THC. Critics, including state officials and hemp industry advocates, worry this change will nearly eliminate legal hemp products, impacting farmers and businesses. Supporters of the extension argue it provides time for legislative efforts to address or overturn the new restrictions,while opponents emphasize the importance of enforcing the law as passed to prevent unregulated intoxicating hemp products from proliferating. The debate reflects a broader bipartisan tension over hemp regulation, public safety, and industry interests.
Over half of the nation’s attorneys general sent a joint letter to the Senate and House appropriations committees on Tuesday, urging the upper chamber to back down from its efforts to delay the federal hemp ban that is currently set to go into effect in November.
On Monday, Senate Appropriations Committee leadership announced a bipartisan continuing resolution to fund the government through Dec. 11, in an attempt to stave off a government shutdown when funding lapses at the end of September. Included in that stopgap funding deal is a provision that extends the deadline for the federal hemp ban to take effect by about one month, from Nov. 12 to Dec. 11.
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The hemp-cliff extension, written by Sens. Amy Klobuchar (D-MN), Rand Paul (R-KY), and Jeff Merkley (D-OR), and supported by Sen. Tim Sheehy (R-MT), drew scrutiny on Tuesday from attorneys general in states ranging from California to Wyoming. The 35 attorneys general wrote to Senate Appropriations Committee Chairwoman Susan Collins (R-ME), Senate Majority Leader John Thune (R-SD), House Speaker Mike Johnson (R-LA), and House Appropriations Committee Chairman Tom Cole (R-OK), asking Congress to rethink the deal to delay the hemp ban.
The 119th Congress already voted to constrict the definition of hemp to a level that would wipe out about 95% of hemp-derived products currently available on the market during its vote to fund the government in November 2025. The hemp-banning provision was championed by Sen. Mitch McConnell (R-KY) as a way to seal what he called an intoxicating hemp loophole impacting the industry. Drug safety advocates extolled the November 2025 hemp change, but the hemp industry is still bracing for impact ahead of the language taking effect this November.
The 35 attorneys general jointly praised the appropriations leaders for the 2025 provision in their letter and asked that they not reverse the definition change before it takes effect.
“We respectfully urge Congress to continue that leadership by rejecting any effort to delay, repeal, suspend, or weaken the November 2025 redefinition of ‘hemp’ and by ensuring that the redefinition takes effect as enacted and remains in place thereafter,” the attorneys general wrote in the letter.
The November 2025 provision changed the legal definition of hemp to set a limit of 0.4 milligrams of total hemp-derived THC per container, a drastic change from the previous 2018 farm bill language that had a legal threshold of hemp with less than 0.3% Delta-9 THC, which is about 3 milligrams per serving.
“Congress should not bow to the special interests that exploited a loophole in federal law to profit from selling unregulated intoxicating THC products that have harmed communities, jeopardized public safety, and put young people at risk,” Indiana Attorney General Todd Rokita, who helped lead the letter effort, said in a statement. “They should stand with parents, law enforcement, and legitimate hemp farmers—not the special interests profiting from selling marijuana-like products in gas stations and convenience stores. Reject the delay, keep your promise and let the law take effect.”
Gov. Sarah Huckabee Sanders (R-AR) praised the letter the attorneys general sent on Tuesday, saying, “We can’t let Congress reopen loopholes that our state has already closed.”
Hemp industry advocates and hemp farmers have been reeling to either stave off the ban or put momentum behind a bill to reform hemp language entirely, as they worry the 2025 language will flatten hemp nearly altogether. A recent bill introduced by Reps. Andy Barr (R-KY) and Angie Craig (D-MN) has the backing of much of the hemp industry to roll back the constricted definition, while regulating bad actors.
Jim Higdon, co-founder of Cornbread Hemp and chairman of the U.S. Hemp Roundtable trade group, put out a statement in favor of the extension on Monday, saying, “A one-month extension for non-synthetic hemp products gives the Barr-Craig bill room to move forward.”
“While not a lot of time, this one-month extension gives lawmakers the opportunity to address this critical issue after Election Day,” Higdon said.
The Tuesday letter comes as a significant bipartisan pushback from state officials on any hemp leeway, just as some bipartisan efforts are being made in the Senate to loosen the reins put in place in November 2025.
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