Kentucky U.S. Rep. Andy Barr proposed a bipartisan bill to set up a framework for intoxicating hemp products, but industry leaders say it has to be paired with a moratorium on the upcoming restrictions, and soon.
In mid-November, the sale of hemp-derived products that include more than 0.4 milligrams of THC per container will be prohibited. Several Kentucky Republicans — including Sen. Rand Paul and Rep. James Comer — have called to extend that deadline by several years, saying it would kill the burgeoning hemp industry in Kentucky and across the country.
Barr is now jumping into the fray with his Lawful Hemp Protection Act that creates a federal framework for hemp product regulations, raises that amount of THC allowable in hemp agricultural produce and sets child safety standards.
“Kentucky has demonstrated that hemp can be successfully regulated while supporting farmers and protecting consumers,” Barr said. “This legislation builds on that success by creating a national framework that rewards responsible producers, eliminates bad actors, and ensures consumers have confidence in the products they purchase.”
Jonathan Miller, general counsel for the U.S. Hemp Roundtable and former Kentucky state treasurer, told Kentucky Public Radio the bill is a good start but almost certainly will not pass before that November deadline.
“We do need to get that extension to give us enough time to be able to really let the Barr bill seep through the consciousness of Congress and get amended and improved and get into a shape where it can pass,” Miller said.
Sen. Mitch McConnell’s prolonged stay in the hospital has kept him off the Senate floor and prompted significant pushback. It was McConnell’s addition to a continuing resolution in 2025 that created the impending ban on intoxicating hemp products. But Kentucky hemp farmers and businesses have sounded the alarm, saying the threshold set in McConnell’s provision would also make most CBD and low-THC hemp products illegal as well.
While continuing his recovery, a spokesperson for McConnell said he does not yet have a comment on Barr’s bill. McConnell’s continued absence from the Senate floor and key committee assignments since his June 14 hospitalization complicates the progress of legislation in the chamber where Republicans hold a bare majority.
Joe Gerrity, the CEO of Crescent Canna and board member of the U.S. Hemp Roundtable, said an extension of the ban is essential to hammer out first before a regulatory framework can be put in place.
“Given the amount of time we have left before the ban takes place, the most likely scenario, in my opinion, still remains an extension of the ban, while Congress gets to work on crafting meaningful legislation that can benefit small business, benefit the consumer, and appeases those who are are concerned about hemp products being widely available,” he said.
Barr’s legislation raises the allowable THC on a dry weight basis in hemp from 0.3% to 1% and requires more continuous testing throughout the manufacturing and production process. It also requires all consumable hemp products to be cultivated, processed and packed in the U.S. and prohibits synthetic compounds.
The bill, cosponsored by Democratic Rep. Angie Craig of Minnesota, also seeks to restrict sale and possession of cannabis products to those aged 21 and over. That limit is already in place in Kentucky and states that have chosen to put their own restrictions on intoxicating hemp products.
But other parts of the bill have given industry leaders some pause. In the name of protecting children, Barr’s bill bans “bright colored products and packaging” or labels showing characters, animals, vehicles, candy or fruit. It also creates taxes, both based on the retail price of THC products and on the potency of beverages.
“There's just a lot of stuff in there that it feels like they tried to do a little too much to appease too many sides, and they wound up with something that's probably not palatable for the administration and probably not palatable for a lot of the industry as well,” Gerrity said.
The Trump administration has given some mixed signals on Barr’s bill. A While House official pointed The Hill to the president’s executive order calling to expedite marijuana rescheduling as their definitive position. President Donald Trump posted on Trump Social with a focus on “hemp-derived CBD” with no mention of its more intoxicating counterpart.
“I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress's intent to restrict the sale of products that pose Health risks,” Trump posted in April.
Miller said it’s clear the administration wants the issue fixed for hemp farmers and businesses. An extension on the upcoming ban will give Congress the time to act, he said.
“Now, does that mean they support every line of our bill? I don't think anybody will support every line of any bill, and we have you know our group has improvements we'd like to see made,” Miller said.
Comer already joined a legislative effort earlier this year to delay the enforcement on the new hemp regulations, but it hasn’t moved since a subcommittee referral in May.
