A pro-cannabis legalization group is putting pressure on Congress to avert the federal government’s forthcoming ban on certain intoxicating hemp products that is scheduled to go into effect on Dec. 11.
The Marijuana Policy Project (MPP), a cannabis reform organization dedicated to ending prohibition and advancing regulated cannabis programs throughout the U.S., is asking its supporters to send letters to their U.S. senators and representatives, urging them to “support sensible hemp regulation” over prohibition.
The organization provided a pre-drafted sample letter last week for constituents to send their congresspeople. The letter calls attention to a national cannabinoid hemp marketplace that supports roughly 225,000 jobs and generates an estimated $28 billion in retail sales, according to a September report from Whitney Economics.
The MPP’s suggested letter states:
“Millions of Americans have benefited from access to these products; creating a framework for regulations is the only viable path forward. The current lack of regulatory guidance, including age-gating these products to adults 21 years old and over, on hemp-derived cannabinoids should be a legislative priority.
“Congress needs to act to put sensible regulations in place that protect consumers and hold businesses accountable. But implementing a policy that would make 95% of the current hemp products on the market illegal is not just irresponsible – it will have devastating consequences for millions of Americans. Handing over this multibillion-[dollar] industry to the illicit market would be a blunder of enormous magnitude.
“I believe the future for hemp, and all cannabinoids, lies in sensible testing and regulation. Please support legislation that reflects a nuanced path forward for the hemp market that prioritizes public health and safety – and not the current prohibition structure set for December 11th this year.”
The Senate voted, 61-32, in August to reject an amendment that would have kept the initial Nov. 12 implementation date of the federal ban, instead providing hemp industry stakeholders with a four-week reprieve until Dec. 11. Many stakeholders viewed this delay as an opening to lobby lawmakers to craft a long-term solution that incorporates regulations over prohibition.
Without legislative intervention before Dec. 11, hemp will be redefined as a cannabis plant containing no more than 0.3% total THC (including THCA) or other cannabinoids with similar effects. Lawmakers included this language in legislation they passed in November 2025 as part of a deal to end a 43-day government shutdown.
Also on Dec. 11, hemp-derived cannabinoid products will be federally illegal if they contain:
- cannabinoids that are synthesized or manufactured outside the plant;
- cannabinoids that are not capable of being naturally produced by the plant; or
- more than 0.4 milligrams of total THC per container.
The Dec. 11 delay provision excludes products containing cannabinoids “not capable of being naturally produced by a Cannabis sativa L. plant,” which will still be prohibited on Nov. 12.
For many hemp-related businesses, these provisions represent a death sentence.
Meanwhile, for those operating in state-licensed and regulated cannabis programs, the forthcoming hemp product ban represents a 2018 Farm Bill loophole closure that has allowed intoxicating products to compete free of hefty excise taxes, strict regulations, interstate commerce restrictions and the Section 280E federal tax burdens associated with handling Schedule I and II drugs under the Controlled Substances Act.
In August, the U.S. Cannabis Roundtable (USCR), which advocates on behalf of America’s regulated cannabis industry, was in Washington to lobby lawmakers to reject the hemp industry’s regulation-over-prohibition campaign.
Specifically, USCR representatives from cannabis companies Trulieve, Curaleaf and Ascend Wellness met with staff from the offices of Rep. Andy Harris, R-Md., Rep. Virginia Foxx, R-N.C., Minority Whip Katherine Clark, D-Mass., and Democratic Caucus Chair Pete Aguilar, D-Calif., Politico reported.
“The cannabis industry is united in urging Congress to close the farm bill loophole,” USCR posted Oct. 10 on social media. “The loophole has undermined state cannabis programs and fueled the proliferation of gas station weed.”
The American Trade Association for Cannabis and Hemp (ATACH), which works to protect and support regulated cannabis businesses, also supports keeping the federal provisions set to take effect on Dec. 11 in place.
In mid-September, ATACH members lined up roughly 50 meetings with House and Senate offices, including with Reps. Frank Pallone, D-N.J., Ann Wagner, R-Mo., Katherine Clark, D-Mass., Bernie Moreno, R-Ohio, and Guy Reschenthaler, R-Pa.
In addition to cannabis companies, numerous state cannabis associations participated in this ATACH “fly-in” campaign, including the New Jersey Cannabis Trade Association, the Missouri Cannabis Trade Association, the KY Cannabis Industry Alliance, the Arizona Dispensaries Association and the Ohio Cannabis Coalition.
“The fly-in is focused on keeping the farm bill loophole closed. Congress closed the loophole last November, and ATACH members will urge Congress to oppose any further delays and allow the closure to take effect this December,” according to an ATACH statement. “Closing the loophole creates parity between cannabis and natural intoxicating hemp products (it’s not a ban). Once the loophole is closed and all intoxicating natural cannabinoid products are on a level playing field, the focus will shift to federal cannabis legalization.”
The USCR and ATACH positions are now at odds with MPP, which heralds its role in passing 15 medical cannabis laws and playing a leading part in 14 of the 24 states that have legalized adult-use cannabis.
The MPP sent out an action alert to its supporters last week, asking them to send the pre-drafted sample letter to their congresspeople, Marijuana Moment reported.
“When it comes to public health and safety, regulation and education consistently yield better results than prohibition,” MPP wrote in the alert.
