New Hemp Bill: How this Affects Businesses, Consumers and Growers

On November 10, 2025, the U.S. Senate approved a must-pass spending package tied to reopening the government. Embedded within it is sweeping change to how hemp and hemp-derived cannabinoid products will be treated federally. The bill doesn’t only target finished goods like gummies and vapes, but it also addresses seeds, flower, and the genetics that underlie the industry. In other words: what your product is made from, how the plant was grown, and even the seed you bought may now be subject to a new legal framework. With the definition of hemp rewritten and the so-called boom in “intoxicating hemp derivatives” under threat, the ripple effects for growers, manufacturers, retailers and consumers are immediate. 

Who’s Behind the Policy Push?

The move to rename and regulate hemp more tightly is driven by several key players from Capitol Hill to major industry lobbyists.

Congressional actors

Earlier federal law legalized industrial hemp as a crop, but now some lawmakers say that legislation has been turned into a “loophole” for unregulated intoxicating products. For example, Senator Mitch McConnell (R-KY), architect of the 2018 hemp-legalization effort, has aggressively advocated closing what he calls the “intoxicating hemp” gap. Meanwhile, Senator Rand Paul (R-KY) opposed the amended language, warning it could “destroy the American hemp industry.” 

Alcohol-industry lobbyists

Less obvious but no less influential are major players from the beverage-alcohol world (big shocker that alcohol companies want to eliminate their competition). Trade groups representing distillers, beer and wine producers have actively lobbied for tighter regulations on hemp-derived intoxicating cannabinoids. Their rationale? The growing market for hemp-based edibles and beverages competes directly with traditional alcohol. These lobbyists argue that while beer and spirits are heavily regulated (age verification, licensing, excise taxes), many hemp-derived products have operated in a lighter-regulated space, prompting calls for “leveling the playing field.” 

But this isn’t leveling the playing field, is it? It is giving the entire field completely over to alcohol. It’s clear what motivates them: money and control.

Timing: A perfect storm

Why did this show up in a funding bill rather than a stand-alone hemp reform act? Because the urgency of ending the government shutdown created a legislative shortcut. With the appropriations package needing passage, inserting the hemp-reform language gave the policy change momentum and less opportunity for a stand-alone, heavily debated hemp bill. Some supporters say the urgency was necessary to protect consumers; many in the industry say the reform was added hastily (and The HighWay agrees). 

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What the Bill Actually Does — Simply Explained

Here’s a breakdown of the biggest changes proposed in the spending bill and how they affect the hemp industry.

Definition changes

• The bill redefines “hemp” to mean the plant Cannabis sativa L. and all parts of it — including seeds, derivatives, extracts and cannabinoids — as long as the “total THC” (which now includes THCA) stays below a threshold.
  
• Viable seeds from a plant that exceeds the threshold are explicitly excluded from the hemp definition. That means seeds from plants (or can grow into plants) that test over the limit may be treated as marijuana-class, not hemp.
  
• The previous standard (less than 0.3 % delta-9 THC) is supplanted with a “total tetrahydrocannabinol” measure, explicitly including THCA.
  
• The bill also puts limits on finished consumer products. For example, those derived cannabinoids that are synthesized, isolated, or manufactured outside the plant (like Delta-8, Delta-10, THCP, etc.) may be excluded entirely from the hemp definition.

How businesses and the industry are affected

• Seed producers and breeders: If you grow plants that exceed the new “total THC including THCA” threshold, those seeds can be excluded from the federal hemp definition. That adds risk to genetics you previously thought legal.
  
• Growers: Hemp farms that cultivate high-THCA flower or varieties selected for low delta-9 but high THCA may find their crop no longer compliant under the new rules. That’s a big shift in genetics and compliance.
  
• Manufacturers/processors: The products most at risk are those made from hemp-derived intoxicating cannabinoids (Delta-8, THCA flower, concentrates, beverages). Companies may have to reformulate, rebrand, or exit those markets.
  
• Retailers: Convenience stores, vape shops and other retail channels that have relied on hemp-derived THC products may face shrinking product lines, supply disruption and compliance headaches.
  
• Testing and compliance: The switch to “total THC including THCA” means labs, regulatory bodies and businesses must adjust how they measure, certify and report. Being ahead of that curve is key.

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What This Means for Consumers

For those who buy, use or rely on hemp-derived cannabinoid products, the changes bring real-world repercussions.

Fewer choices

Many popular products like THCA flower, Delta-8/Delta-10 edibles, hemp-derived tinctures, and beverages could shrink markedly in availability. If a manufacturer can’t reformulate to comply, those products may vanish from shelves altogether. That means less variety, fewer brands and fewer retail options.

Price shifts and sourcing risk

With supply disrupted and regulatory risk rising, consumers could face higher prices on the legal alternatives (like low-THC CBD). At the same time, demand may shift to less-regulated or underground sources which increases risks of poor quality, inaccurate labeling or unsafe manufacturing.

Safety and regulation trade-offs

Supporters of the bill say this reform will protect consumers by reducing access to unregulated intoxicating hemp products, especially among minors. But critics warn that tighter regulation without proper infrastructure may push users to the black market where safety has no oversight.

Therapeutic and lifestyle impacts

Some consumers depend on hemp-derived cannabinoids (including THCA flower or low-THC products) for wellness or therapeutic purposes, especially in states where simply buying cannabis through a regulated dispensary isn’t possible. This reform may reduce their access or bump them into a gray zone.

Changed consumer habits

Hemp-derived cannabinoid products had increasingly been marketed as lifestyle alternatives to alcohol or cannabis, especially in regions without adult-use recreational programs. This legislation could disrupt those products and force consumers to rethink their habits and preferences, whether it’s switching to traditional cannabis outlets, seeking state-legal sources, or simply losing convenient access to prior favorites.

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THCA Specifically: Why Growers and Consumers Should Care

THCA (tetrahydrocannabinolic acid) is the natural, non-intoxicating form of THC in the raw plant that converts into active Δ-9 THC when heated (via smoking, vaping or decarbing). Because the bill’s language specifically counts THCA toward “total THC,” plant material previously considered compliant (low delta-9 but high THCA) may now be non-compliant. That means growers who focused on high-THCA genetics for the legal hemp market now face elevated regulatory risk and must revisit strain selection, genetics sourcing and compliance strategy. For consumers buying THCA flower thinking it’s “legal hemp,” the purchase may carry more risk than before.

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What to Do Now

Here are actionable steps for growers, businesses and our readers:

• Inspect your seed and genetics portfolio. If you grow high-THCA lines or purchase cannabis seeds, consider how they will fare under total THC measurement rules.
  
• Pivot your product focus. If intoxicating hemp derivatives are a large part of your business or content base, shift toward lower-THC, non-intoxicating CBD, fiber or grain uses while clarifying risk.
  
• Watch state developments. While the federal law sets a foundation, states will respond differently. Some may adopt stricter rules, some may push back.

Fight This Bill!

The spending bill passed to end the government shutdown represents one of the most significant shifts in federal hemp policy since the 2018 Farm Bill. It aims to close a perceived loophole around intoxicating hemp and THCA, tighten seed and genetics regulation, and reshape how the industry and consumers engage with hemp-derived cannabinoid products. For growers, manufacturers, retailers and consumers alike, the time to act is now.

Join us on The HighWay.

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Sources

• Senate Advances Hemp Product Ban — But GOP Senator Has Last-Ditch Plan to Fight Back. Marijuana Moment. https://www.marijuanamoment.net/senate-advances-hemp-product-ban-but-gop-senator-has-last-ditch-plan-to-fight-back
  
• Industry Killing Language Hidden in Federal Funding Bill. Texas Hemp Business Council. https://texashempbusinesscouncil.com/industry-killing-language-hidden-in-federal-funding-bill
  
• Federal funding passes first hurdle, contains provision gutting hemp and intoxicating-cannabinoid products. Lynnwood Times. https://lynnwoodtimes.com/2025/11/09/hemp