Senate Spending Bill Faces Push-Back Over Hemp-Derived Product Ban

The 2023 farm bill legalized hemp, defining it as cannabis containing no more than 0.3 % delta-9 THC. A law passed late last year tightened that definition, limiting legal hemp products to 0.4 mg THC per container and banning synthetically produced cannabinoids. The new rules were slated to take effect on November 12.

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A stop-gap government funding bill (H.R. 6500) inserted language postponing the ban’s implementation until December 11. Senate Amendment 6733, filed by Sen. Ted Budd (R-NC), would strip that month-long delay, restoring the original November 12 effective date. Budd, joined by 13 co-sponsors, argues the amendment protects children from products marketed toward them.

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CMS Administrator Dr. Mehmet Oz sent a letter to senators warning that the amendment would “undo significant gains” that have made full-spectrum hemp-derived CBD accessible to seniors and disabled Medicare beneficiaries. Oz highlighted a CMS pilot allowing providers in the ACO REACH, Enhancing Oncology, and Long-term Enhance ACO Design models to furnish up to $500 of qualifying hemp products per patient annually, though Medicare does not reimburse the cost. He also noted CMS’s expansion of supplemental benefits for Medicare Advantage plans to cover hemp-derived CBD.

Dr. Oz Urges U.S. Senate to Reject Amendment That Would Keep Federal Hemp Ban on Track for November The HillThe Hill

The U.S. Conversely, a coalition of 35 state attorneys general, led by Indiana’s Todd Rokita (R), sent a letter urging Congress to reject any delay, warning it would reopen a loophole that allows high-THC hemp products to mimic marijuana.

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• “Reject the delay, keep your promise and let the law take effect,” — Todd Rokita, Indiana Attorney General

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