Thirty-five state attorneys general are telling Congress to stop treating the federal hemp crackdown like a rough draft, urging lawmakers to let the November 2025 redefinition take effect even as a bipartisan Senate spending plan would give the industry another month. The fight puts hemp-derived gummies, drinks and vapes on a countdown, with California Attorney General Rob Bonta among the signatories.
The attorneys general sent the letter Tuesday to Senate Majority Leader John Thune, House Speaker Mike Johnson and appropriations leaders Susan Collins and Tom Cole. The move came one day after Senate Appropriations leaders unveiled a continuing resolution that would keep the government funded through Dec. 11 and move the hemp implementation deadline from Nov. 12 to Dec. 11, according to the Denver Gazette.
Why The 0.4-Milligram Cap Matters
The rule at the center of the dispute was tucked into the 2025 federal appropriations law and is scheduled to take effect Nov. 12, 2026. The Congressional Research Service says the change moves federal policy away from a delta-9-only test, applies a total-THC standard, excludes several intoxicating cannabinoid products and limits finished hemp products to 0.4 milligrams of total THC per container.
Products above that threshold would no longer qualify as hemp under federal law, effectively pushing most intoxicating gummies, beverages and similar products out of the federal hemp category. The new definition is not aimed at industrial hemp or genuinely nonintoxicating products, a distinction the attorneys general emphasize in their letter.
In their joint letter, the officials argue Congress already acted to close what they call a loophole used to sell unregulated intoxicating products. They warn that reopening the definition could bring renewed litigation, inconsistent enforcement and greater youth access while disrupting businesses that have already adjusted to the upcoming federal standard.
The Industry Wants Regulation Instead
Hemp businesses and farmers are pushing for a different landing spot. Reps. Andy Barr and Angie Craig’s Lawful Hemp Protection Act would replace the 0.4-milligram cliff with a regulatory framework featuring a 1% total-THC dry-weight limit, testing and labeling rules, a 21-and-over purchase age, domestic sourcing and a ban on synthetic cannabinoids, according to Barr’s office.
The pressure is already reaching statehouses. In North Carolina, Hoodline reported in June that Raleigh lawmakers were considering an under-21 restriction on hemp-derived consumables, a sign that the federal fight is not just about what Congress writes in Washington but about what local retailers will be allowed to sell.
One Month Is Not A Settlement
For now, the Senate proposal would buy lawmakers about a month, not resolve the clash between a hard federal cutoff and a regulated-market alternative. Jim Higdon, a hemp-industry advocate quoted by the Denver Gazette, said the extension would give Congress time to act after Election Day; the attorneys general, meanwhile, are asking lawmakers not to use that time to reopen the deal.
