Say Goodbye to CBD: How the Looming Hemp Ban Could Crush a $46 Billion Industry

A proposed hemp ban is currently making its way through Congress, and it could eliminate a wide range of cannabis products found on dispensary shelves, including certain CBD items.

What began as an attempt to regulate hemp-derived THC products like Delta-8 and THCA has morphed into this sweeping legislation that could reshape the hemp industry as we know it.

This move could potentially make even non-intoxicating CBD products illegal, even though they contain trace amounts of THC. The 2018 Farm Bill opened the door by federally legalizing hemp with less than 0.3% Delta-9 THC, but it created a gray area that entrepreneurs filled with innovative hemp-derived products.

Now, lawmakers like Mitch McConnell and Andy Harris want to slam that door shut—and they might crush a $46 billion industry in the process.

• Congressional proposals would redefine hemp to include total THC content, creating a federal hemp ban on most current products
• The hemp THC ban could eliminate CBD products containing even trace amounts of THC, not just intoxicating hemp products
• Prohibition historically drives markets underground, making hemp products less safe for consumers
• The cannabis market generates nearly $47 billion annually and supports hundreds of thousands of jobs
• We can fight the ban on hemp through petitions, contacting representatives, and supporting compliant businesses

History has a dark sense of humor. In 1937, the Marihuana Tax Act created the first hemp ban alongside cannabis, destroying a thriving American industry. Now, 88 years later, Congress is considering the same mistake with updated language and the same odd logic.

The 2018 Farm Bill and federal legalization changed everything. It made hemp products legal if they contain less than 0.3% Delta-9 THC. Entrepreneurs quickly discovered that other cannabinoids like Delta-8, Delta-10, THCA, and HHC weren’t specifically addressed in federal law. These hemp-derived THC products flooded gas stations and convenience stores, creating what some call a “loophole,” and what the hemp industry calls innovation.

But now? The current push would close the gap by measuring total THC content, including THCA and other THC isomers. This sounds reasonable until you realize that all full-spectrum CBD products contain trace amounts of these compounds. That means the federal government’s attempt to ban intoxicating hemp could inadvertently (or intentionally) eliminate a significant amount of hemp-derived products.

Congressional leaders pushing this THC hemp ban claim they want to protect consumers, especially youth, from unregulated intoxicating products. But their solution doesn’t highlight the difference between a gas station Delta-8 vape and a grandmother’s CBD tincture for arthritis. Both would become illegal under incredibly broad interpretations.

And if history is any guide, banning hemp won’t stop demand. It’ll just push it underground.

Prohibition creates black markets, not solutions. Remember alcohol prohibition? It didn’t stop drinking; it made Al Capone a millionaire.

The war on cannabis didn’t end marijuana use—it fueled cartels and overcrowded prisons. Now, Congress is gearing up to repeat history with a ban on hemp-derived THC products.

When you ban hemp products from legitimate retailers, consumers don’t stop wanting them. They find other sources. But these sources don’t test for pesticides, heavy metals, or synthetic cannabinoids. They don’t use child-safe packaging or follow labeling requirements. The federal hemp ban meant to “protect” consumers is setting them up for far greater dangers.

This is exactly what happened when states banned Delta-8. Sales didn’t stop. They moved online, across state lines, and into unregulated markets. The Hemp Roundtable and other industry groups have spent countless hours documenting this shift and warning congressional leaders that prohibition simply doesn’t work.

But it’s not just consumers who would lose. An entire economy built around legal hemp could collapse.

The U.S. cannabis market is projected to reach $46.99 billion in 2025, with hemp-derived products being a main component of that growth.

Aside from big companies, a federal hemp ban would devastate farmers who pivoted to hemp after the 2018 Farm Bill, manufacturers who invested millions in compliant facilities, and small retailers serving local communities.

The ripple effects go far beyond direct hemp industry jobs. Testing laboratories, packaging companies, marketing agencies, and logistics firms all depend on the legal status of hemp products. Even non-THC cannabinoids like CBG and CBN would face uncertainty.

Rural communities with hemp farming would watch their crops become worthless overnight. The same senators who favored hemp in 2018, including Mitch McConnell (R-KY), now support measures that would destroy what they helped create. Meanwhile, states with recreational marijuana programs would keep their markets, while hemp states would lose everything.

This loss of opportunity is devastating. Other countries advance hemp research and development while America is voluntarily surrendering its competitive advantage in a market it helped create. The rapid growth of hemp innovation would shift overseas, along with the jobs and tax revenue it generates.

So what can you do to stop the hemp ban from becoming reality?

The federal hemp ban isn’t inevitable. Senate opposition has already blocked immediate passage, and public pressure can still influence the ongoing debate. Here’s how to make your voice heard:

Sign and Share: Start with this emergency petition warning lawmakers about the hemp ban’s consequences.

Contact Representatives: Call your senators and representatives. Tell them you oppose the THC hemp ban and support regulated, not prohibited, hemp markets. Mention specific products you use and why they matter.

Support Compliant Businesses: Buy from retailers following state regulations, selling tested products with proper labeling. Show lawmakers that the hemp industry can self-regulate responsibly.

Spread Awareness: Share information about the federal hemp ban on social media. Many CBD users don’t realize their products face elimination. Use hashtags like #SaveHemp and #StopTheHempBan to amplify the message.

Join Organizations: Groups like the Hemp Roundtable and U.S. Hemp Authority work against prohibition. Supporting them strengthens the collective voice.

Herb has covered cannabis culture and policy for over a decade. We’ve watched prohibition fail while regulation wins. We’re committed to keeping our community informed about threats like the hemp ban and opportunities to protect access to hemp products.

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