[WASHINGTON, DC] – Politico’s latest reporting on the hemp industry should sound alarm bells for bureaucrats in Washington, D.C. Hemp Industry leaders and farmers are urging House Republicans to oppose language that could destroy the livelihoods of hardworking Americans and have many detrimental consequences.
The restrictive language originally in the U.S. Senate appropriations bill is being considered by the House and would lower the THC threshold to zero percent, from the 0.3 percent currently allowed in hemp products. Zach Gauger, a Texas farmer who sells hemp primarily for fuel and biomass, shared that “this language might make us able to grow [hemp] biomass and fiber, but there would be no reason to do it because it’s not profitable” without the market for consumable hemp products.
“It’s just not going to get the handle on what they think they will,” said Colton Luther, who works with Texas hemp farmers and businesses. As it happened with prohibition, hemp industry leaders, like David Charles (co-founder of Mood), understand that banning hemp-derived products will not kill the market demand for these products, but push consumers towards bad actors and illegal means to find products.
The opposition to this arbitral redefinition of hemp is being spearheaded by House Oversight Committee Chair James Comer (R-Ky). Comer said he sees “the great potential of industrial hemp” in providing economic opportunities for family farmers.
“House Republicans urging for increased restrictive language on hemp are ignoring the voices of American farmers and small business owners in their districts who depend on this agricultural commodity to put food on the table and a roof over their heads. These lawmakers have failed in grasping the real-world impact of their proposed overreach on the hemp farmers and business owners. Rolling back this progress would crush rural economies and destroy hundreds of thousands of jobs in communities across America,” said Hemp Industry and Farmers of America Executive Director Brian Swensen.
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Politico Pro, Morning Agriculture
Loophole Battles
By Marcia Brown, with help from Grace Yarrow, Doug Palmer, and Samuel Benson
August 21, 2025
LOOPHOLE BATTLES: Hemp industry leaders convinced the Senate to remove a provision from the Ag-FDA funding bill that they believe could kill their business. Now they want House Republicans to do the same.
A measure in the House’s agriculture funding bill would close a hemp “loophole” established in the 2018 farm bill that has unintentionally led to intoxicating hemp products being sold across the country without being subject to the same regulations and taxes as marijuana products.
“It’s just not going to get the handle on what they think they will,” said Colton Luther, who works with Texas hemp farmers and businesses.
The funding bill would lower the THC threshold in hemp products to zero percent from the 0.3 percent currently allowed. Luther and other hemp producers argued that would be challenging due to the naturally occurring traces of THC in hemp used for even nonintoxicating purposes.
Texas farmer Zach Gauger, who sells hemp primarily for fuel and biomass, told MA that growing hemp has just recently become profitable.
“This language might make us able to grow [hemp] biomass and fiber, but there would be no reason to do it because it’s not profitable” without the market for consumable hemp products, Gauger said. “People might think farmers grow plants for fun, but they don’t.”
And David Charles, co-founder of Mood, which sells hemp-derived products online, said he’s mobilized customers to contact their lawmakers to make them understand exactly how the language would hurt U.S. hemp producers and allow for more black market products.
Anna Adamian, spokesperson for Rep. Andy Harris (R-Md.), who chairs the House Appropriations Ag-FDA subcommittee, said last week that there were no plans to take the language out of the bill.
The funding bill for fiscal 2026 advanced out of the House Appropriations Committee in June but has not received a vote on the chamber floor.
Sen. Mitch McConnell (R-Ky.) championed similar language in the Senate, which was eventually struck after fellow Sen. Rand Paul (R-Ky.) threatened to hold up passing the appropriations bill if the hemp provision was included.
Internal pressure: House Oversight Committee Chair James Comer (R-Ky.) is circulating a letter that urges Speaker Mike Johnson to oppose the language.
In a statement to MA, Comer said he sees “the great potential of industrial hemp” in providing economic opportunities for family farmers.
“I am committed to leading efforts to urge House leadership to remove concerning language from the FY26 Ag-FDA Appropriations bill — and any final FY26 appropriations legislation — that arbitrarily redefines legal hemp,” Comer said.
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About Hemp Industry & Farmers of America (HIFA): HIFA is a nonpartisan coalition of hemp industry advocates representing the interests of all sectors – from farmers, veterans, and manufacturers to retail stores.