The Hemp Ban Amendment: Text, Sponsors, and Financial Motives

The November 2025 government funding bill included a controversial amendment that effectively bans intoxicating hemp products. The provision redefines hemp and imposes a strict THC cap, reshaping the industry overnight.

📜 Exact Text of the Amendment

“Hemp shall be defined to include all parts, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers of the plant Cannabis sativa L. with a total tetrahydrocannabinol (THC) concentration not exceeding 0.4 milligrams per container. Any hemp‑derived product exceeding this threshold shall be prohibited from manufacture, distribution, or sale.”

This replaces the 2018 Farm Bill’s definition (<0.3% delta‑9 THC by dry weight) with a per‑container cap, effectively banning Delta‑8, Delta‑10, THCA, and most hemp‑derived edibles and drinks.

👥 Sponsors and Pushers

• Sen. Mitch McConnell (R‑KY) — championed the amendment, citing child safety and closing loopholes.
• Rep. Andy Harris (R‑MD) — House Appropriations Agriculture‑FDA subcommittee chair, co‑authored the language.
• Supported by Sen. John Cornyn (R‑TX) and other Republican appropriators.
• Opposed by Sen. Rand Paul (R‑KY), Sen. Ted Cruz (R‑TX), and a coalition of Democrats.

💰 Following the Money

Alcohol industry groups — including Bacardi North America, Moët Hennessy USA, Anheuser‑Busch, Molson Coors, and trade associations like the Distilled Spirits Council, Wine & Spirits Wholesalers of America, the Beer Institute, and National Beer Wholesalers Association — lobbied heavily in late 2025 to restrict intoxicating hemp products. Their motive: protect market share by eliminating hemp THC beverages that compete directly with beer, spirits, and ready‑to‑drink cocktails.

Large cannabis operators in adult‑use states also stand to benefit, as the ban pushes consumers toward licensed dispensaries. Meanwhile, hemp beverage and edibles companies estimate 95% of their $28B market will be wiped out, risking 300,000 jobs.

Lobbying disclosures confirm Q3–Q4 2025 activity targeting “intoxicating hemp” and hemp beverages. Reports attribute the amendment’s insertion into the shutdown bill to last‑minute alcohol industry lobbying. Donations from alcohol PACs and wholesalers to key appropriators (including McConnell and Harris) are documented in FEC filings, underscoring the financial stakes behind the policy.

🎯 Motives

Supporters’ motive: Protect minors, close loopholes from the 2018 Farm Bill, and preserve industrial hemp/CBD.

Critics’ view: Driven by Big Alcohol and Big Cannabis lobbying, intended to eliminate competition from hemp‑derived THC products and consolidate market control. Industry leaders call it an “extinction‑level event,” risking jobs and livelihoods across the hemp sector.

🧠 PerryPhernalia Take

The hemp ban amendment is a turning point for the industry. The debate highlights the tension between child safety, regulatory clarity, and economic survival for farmers and small businesses. Following the money reveals how entrenched interests shape policy — and why advocacy matters.

Sources

• RVA Mag – Virginia hemp industry faces new threat from McConnell’s amendment
• LEX18 – Kentucky hemp industry faces potential collapse
• CounterPunch – McConnell helped usher in hemp, now working to kill it
• Marijuana Moment – Alcohol industry groups push Congress to ban intoxicating hemp products
• ReadSludge – Alcohol industry groups push to ban THC drinks in funding bill
• Marijuana Moment – Alcohol industry steps up lobbying on hemp drinks
• MJBizDaily – Alcohol industry sends Congress mixed messages on hemp THC
• USA Today – Hemp crackdown included in shutdown deal
• Colorado Politics – Rand Paul demands vote on hemp amendment
• Marijuana Moment – Senate rejects attempt to save hemp industry from THC ban

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