Bill to Repeal Federal Hemp Product Ban Unveiled by US Congresswoman

A South Carolina Republican lawmaker is leading the charge in challenging newly enacted federal restrictions on intoxicating and barely intoxicating hemp products—legislation signed by President Donald Trump nearly two weeks ago as part of the deal to keep the government open.

According to Congress.gov’s page on HR 6209 of the 119th Congress, on Nov. 20, U.S. Rep. Nancy Mace introduced draft legislation aimed at repealing the federal government’s revised definition of hemp before it goes into effect on Nov. 13, 2026. That updated definition seeks to outlaw cannabinoids made or derived through chemical conversion (such as delta-8 THC and HHC) and set a national limit of 0.4 milligrams of total THC per product container.

Mace’s bill, titled the “American Hemp Protection Act of 2025,” intends to eliminate the hemp provisions embedded in the recently passed continuing resolution—specifically repealing all of Section 781 of the Continuing Appropriations, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. It was co-sponsored by U.S. House Reps. Thomas Massie (R-Ky.), Zoe Lofgren (D-Calif.), and James Baird (R-Ind.).

Kentucky legislators Sen. Rand Paul and Rep. Thomas Massie both pushed to remove Section 781 from the package, arguing that redefining hemp is unrelated to government funding and deserves its own standalone debate. The new definition also maintains that hemp must test below 0.3% total THC (including THCA) to remain legally classified as hemp rather than federally prohibited cannabis.

Although Mace ultimately voted in favor of the funding bill, which passed 222-209, she made her objections clear on the Nov. 12 congressional record, stating she “strongly” opposed Section 781 because it would “deal a fatal blow to American farmers supplying the regulated hemp industry and small businesses, and jeopardize tens of billions of dollars in economic activity.”

She referenced research from a 2023 Whitney Economics report, which estimated that the U.S. hemp industry supports more than 320,000 jobs, contributes $28.4 billion in regulated economic activity, and generates approximately $1.5 billion in state tax revenue.

Mace criticized the legislative maneuver, saying, “Rather than have a substantive, open debate on the future of hemp policy in America, prohibitionists slipped this provision into a must-pass government funding bill, forcing members of Congress to choose between voting their conscience on hemp and paying our military servicemembers. This is wrong.”

She further emphasized that in the absence of definitive federal rules following the 2018 Farm Bill—which legalized hemp cultivation—the hemp sector has taken initiative. According to Mace, the U.S. hemp industry has “stepped forward to self-regulate.”

As intoxicating hemp-derived products like delta-8 THC have rapidly spread into smoke shops, convenience stores, and even grocery retailers, many industry observers have called for separate classifications for hemp grown in the field and finished hemp products intended for human or animal consumption.

Multiple states have taken matters into their own hands by implementing THC regulations or bans focused on preventing access by minors, while also requiring packaging standards, labeling rules, and third-party testing for safety.

According to Mace, hemp businesses have long been urging Congress to create a responsible regulatory framework. Instead, she argues, Section 781 would impose a near-universal prohibition.

She warned, “Rather than adopt this common-sense regulatory framework to protect children and allow adults to make informed decisions, Section 781 of this bill essentially imposes a national ban of all ingestible hemp products with any ‘quantifiable’ level of tetrahydrocannabinol (THC), which represents between 90 and 95 percent of hemp products in the marketplace, including the vast majority of nonintoxicating cannabidiol (CBD) products offered in the marketplace.”

While the final legislation sets a 0.4 mg THC limit, which is indeed quantifiable, an earlier version of the proposal did explicitly include the language prohibiting any “quantifiable” amount of THC—a version that Mace and 12 other Republicans opposed in September.

Even though Mace publicly called for a robust national discussion on the future of hemp policy, the draft she is currently circulating does not introduce an alternative framework—only the repeal of Section 781.

She stated, “In the year before this provision takes effect, I will work tirelessly to reverse this harmful language and create a common-sense regulatory framework which protects America’s children, ensures product quality, and preserves access to products used by tens of millions of Americans.” She added, “As the failed war on drugs has shown, provisions like this drive out responsible actors from the industry and embolden shady, black-market actors who care not for consumer safety or the protection of children.”