Top law enforcement leaders from across the nation are urging congressional leaders not to “delay, repeal, suspend or weaken” the federal government’s forthcoming ban on intoxicating hemp products.
Indiana Attorney General Todd Rokita co-led a bipartisan coalition of 34 state attorneys general and one territorial attorney general in writing a letter on Aug. 4 that directed U.S. House Speaker Mike Johnson, R-La., and U.S. Senate Majority Leader John Thune, R-S.D., to reject any efforts that would disrupt the Nov. 12, 2026, implementation of the ban.
The upcoming implementation will redefine hemp as a cannabis plant that has no more than 0.3% total THC (including THCA) or other cannabinoids with similar effects. It will also prohibit any finished hemp-derived products containing synthesized (delta-8 THC) or unnatural (HHC) cannabinoids, as well as those with more than 0.4 milligrams of total THC per container.
The attorneys general say the prohibition language – included in a November 2025 deal to reopen the government – will close the 2018 Farm Bill’s “loophole that has fueled the nationwide sale of intoxicating THC products in gas stations, smoke shops and convenience stores.”
The 2018 Farm Bill focused on defining hemp by a single isomer, delta-9 THC, rather than total THC.
The 35 chief legal officers also sent the letter to House Appropriations Committee Chairman Tom Cole, R-Okla., and Senate Appropriations Committee Chairwoman Susan Collins, R-Maine.
The letter comes on the heels of the Senate Appropriations Committee releasing a stopgap funding measure on Aug. 2, known as a continuing resolution, to keep the government funded through Dec. 11 in hopes of avoiding a potential shutdown at the end of the fiscal year on Sept. 30. The Senate committee included language to delay certain provisions in the hemp-derived product ban from Nov. 12 to Dec. 11.
The Senate’s proposed delay was to the delight of hemp industry stakeholders, but the attorneys general told congressional leaders on Aug. 4 that they should stick to the course.
“Congress should not bow to the special interests that exploited a loophole in federal law to profit from selling unregulated intoxicating THC products that have harmed communities, jeopardized public safety and put young people at risk,” Rokita said in a separate statement. “They should stand with parents, law enforcement and legitimate hemp farmers – not the special interests profiting from selling marijuana-like products in gas stations and convenience stores. Reject the delay, keep your promise and let the law take effect.”
Arkansas Attorney General Tim Griffin, Connecticut Attorney General William Tong and New Mexico Attorney General Raúl Torrez also co-led the letter.
The letter was also signed by attorneys general from: Arizona, California, Delaware, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, the U.S. Virgin Islands, Utah, Vermont, Virginia, West Virginia and Wyoming.
“Since enactment of the redefinition, states, federal agencies, businesses and consumers have adjusted to a more consistent and responsible regulatory framework,” they wrote. “Many states have aligned, or are in the process of aligning, their laws, regulations and enforcement efforts with the new federal definition in reliance on Congress’s action.
“If the loophole is reopened or the new definition is weakened or repealed, states will face renewed litigation, inconsistent enforcement, regulatory uncertainty, increased youth access to intoxicating products and disruption of lawful businesses that have already adjusted their operations to comply with the new federal framework. Equally as concerning, change at this stage would allow the return of unregulated intoxicating cannabis products that Congress appropriately chose to address.”
The chief legal officers went on to explain how the 2018 Farm Bill unintentionally legalized downstream hemp products that contain intoxicating amounts of cannabinoids as long as those cannabinoids came from a plant that contained less than 0.3% delta-9 THC by dry weight.
In more recent years, many states have implemented their own laws to regulate, limit or ban intoxicating hemp products in the aftermath.
“States have done so, in large part, to protect their citizens’ health and safety,” the attorneys general wrote. “During this time, some states have explicitly tethered their states’ ‘hemp’ definitions to the federal definition as a precautionary measure to ensure their laws continue to track federal law. Others have moved more recently – in the wake of the redefinition – to conform their state laws to the federal ‘hemp’ definition, relying on the presumption that the new definition will go into effect in November of this year and remain in effect.
“Broadly, these actions point to a state-level response to requests by citizens, businesses and lawmakers to implement commonsense regulations on the largely uncontrolled hemp product market. The new federal definition ensures both uniformity and safety throughout the nation. If the redefinition is not maintained, it will almost guarantee that these state efforts at regulation will be thrown into chaos.”
The attorneys general reminded the congressional leaders that redefining hemp does not inhibit farmers from growing the crop in the industrial and agricultural sectors, including the grain and fiber markets.
The letter also comes after the Trump administration continues to call on Congress to adopt a legislative “fix” so that Americans can continue to access nonintoxicating, full-spectrum CBD products.
And the letter comes after Rep. Andy Barr, R-Ky., introduced legislation, the Lawful Hemp Protection Act, to alter the definition of hemp and divert the federal government’s forthcoming product ban through a taxed and regulatory framework.
In co-leading Tuesday’s letter, Griffin said Congress “was absolutely right” when it acted in November 2025 to close the 2018 Farm Bill loophole.
“Reopening this loophole would create confusion, invite litigation and undermine the progress we’ve made to protect consumers,” the Arkansas attorney general said. “The bottom line is simple: Republicans and Democrats across the country agree that intoxicating hemp products shouldn’t be accessible to our kids. We urge federal lawmakers to maintain the current definition of hemp and support a consistent national approach that protects public safety.”
