Can this legislator succeed in increasing the THC content from 0.3% to 1%?
This comes as lawmakers are increasing efforts to restrict intoxicating hemp-derived products and posing a threat to the safety of CBD (cannabidiol) products.
The bill, named the Hemp Economic Mobilization Plan Act (HEMP ACT), aims to alleviate regulatory pressures on hemp growers and processors by raising the legal Delta-9 THC concentration in hemp and adjusting federal testing and reporting rules.
Currently, the introduction of Paul's "Hemp Economy Mobilization Act" comes at a politically tense moment. This is because the Republican-controlled House committee recently submitted the "2026 Federal Appropriations Bill," which, according to the bill, would "prohibit the production and sale of hemp-derived cannabinoids, derivatives and extracts, including cannabidiol (CBD). Excluded cannabinoids also include non-naturally occurring, synthetic, or manufactured compounds." This is undoubtedly a blow to the American hemp industry.
The 2026 Federal Appropriations Act will further broaden the definition of industrial hemp by changing the allowable limit of tetrahydrocannabinol (THC, the primary psychoactive compound in cannabis plants) to be based on its total THC content, including THCA (tetrahydrocannabinolic acid), rather than just the Δ-9 THC content. This will codify the regulatory practices established in the USDA's final rule on industrial hemp from 2021. The provision will exclude "any viable seeds from the cannabis plant" from the category of industrial hemp if their total tetrahydrocannabinol (including THCA) content exceeds 0.3% on a dry weight basis.
Although Representative Paul's bill aims to support the hemp industry, critics warn that increasing the THC threshold could further exacerbate controversy, as the level of CBD in hemp is typically proportional to the level of THC, and intoxicating substances derived from CBD are already subject to strict scrutiny. Most of the intoxicating compounds found in hemp are synthesized in the lab using CBD as a substrate.
This time, Congressman Paul once again proposed the "Hemp Economic Mobilization Act", signaling the latest progress in a series of efforts related to hemp that he has taken since the beginning of his term in the Senate. The bill was first introduced at the end of 2020, but did not receive approval from the committee. Multiple versions of the bill were proposed again in 2021 and 2024, but both proposals were blocked due to increasing concerns about the intoxicating effects of hemp-derived THC.
The 1.0% tetrahydrocannabinol (THC) content limit proposed in the Hemp Economic Mobilization Plan Act would align the United States with some international standards, gaining support from many hemp growers. They argue that environmental conditions may cause THC levels in compliant crops to unexpectedly spike. In states where hemp with THC levels exceeding 0.3% is considered marijuana, growers may be forced to destroy these "out of compliance" crops, causing significant economic losses.
Supporters argue that raising the THC threshold will provide greater flexibility and reduce risks, especially in cases where the THC content in hemp may fluctuate due to factors beyond the control of the growers. However, this proposal will also have an impact on global trade, as most countries still adhere to the 0.3% THC limit, which could pose challenges for US producers' exports.
In addition to changing the limit on tetrahydrocannabinol (THC), Paul's bill also addresses practical issues related to testing and transportation. Currently, hemp flowers must be tested within a short 15-day harvest window to ensure compliance with federal THC content limits. Farmers have complained that this process is costly, labor-intensive, and unreliable.
The Hemp Economic Mobilization Plan Act proposes testing for final hemp products instead of raw flowers, aiming to reduce the burden on small-scale farmers and improve regulatory consistency. The Act also expands the types of documents that farmers and producers can carry while transporting hemp to avoid being detained by law enforcement agencies. Producers can carry a copy of a hemp license authorized by the United States Department of Agriculture (USDA) to prove its legality, without the need to carry laboratory test results.
Although the Hemp Economic Mobilization Act includes provisions beneficial to farmers, it still faces significant challenges. Bipartisan lawmakers are increasingly concerned with and regulating the unregulated and dangerous hemp-derived intoxicating products market, including synthetic cannabinoids and high-potency Delta-8 THC and Delta-10 THC products.
A recent report from the Congressional Research Service (CRS) warns that provisions in the House spending bill would effectively make many currently legal hemp-derived products, including CBD, illegal. Although the wording of the report has been modified to specify that non-intoxicating cannabinoids like CBD are not the intended target, the core content of the bill remains unchanged.
In this context, Paul's proposal to increase the limit on tetrahydrocannabinol (THC) content, no matter how practical it may be for farmers, could be seen as undermining the broader push for safety and standardization of hemp-related products. Given the proliferation of synthetic intoxicants, many legislators are more inclined to implement stricter restrictions rather than looser regulations.
Paul's advocacy continues in the footsteps of his father, Congressman Ron Paul, who introduced hemp legislation multiple times between 2005 and 2012.
As a senator, Rand Paul supported key provisions in the 2014 U.S. Farm Bill that facilitated the implementation of hemp pilot programs in various states. Paul was also a co-sponsor of the 2015 Industrial Hemp Farming Act and played a supportive role in the 2018 Farm Bill, which removed hemp from the Controlled Substances Act and officially legalized it nationwide.
In addition, Paul also co-sponsored the 2023 Cannabis Access and Consumer Safety Act, a bipartisan bill aimed at authorizing the FDA to regulate hemp-derived cannabinoids in dietary supplements, foods, and beverages.
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