Senate vote signals major shift for intoxicating hemp, Missouri hemp industry faces uncertainty
A provision passed by the U.S. Senate this week could reshape the hemp landscape nationwide, potentially ending the sale of intoxicating hemp-derived THC products and forcing states like Missouri, which currently have no laws regulating the industry, to confront the absence of oversight.
The Senate’s action, included in the broader government funding package (H.R.5371), would make sweeping changes to how hemp is defined under federal law. At present, cannabis is considered legal hemp if it contains less than 0.3 percent delta-9 THC by dry weight. The proposed amendment expands that threshold to cover all intoxicating compounds, applying the 0.3 percent limit to total THC content, including THCA, delta-8, and other isomers.
If enacted, the measure would also prohibit products that contain or are marketed as containing cannabinoids with effects similar to THC. It would outlaw intermediate hemp-derived cannabinoid products sold directly to consumers for personal or household use, and ban any substances created synthetically or not naturally occurring in the cannabis plant.
The new definition would further restrict legal hemp products to no more than 0.4 milligrams of total THC or comparable cannabinoids per container, a limit that would remove nearly all intoxicating hemp products currently available in the market.
Lawmakers supporting the change said it closes a loophole in the 2018 Farm Bill that has allowed psychoactive hemp products to be sold outside state-licensed marijuana programs, often with little or no regulation.
In Missouri, that loophole has largely become the focus, and dividing point, of the hemp industry.
No rules, no restrictions
Missouri currently has no laws or rules governing intoxicating hemp products at a state level. There are no age restrictions, no potency or dosage limits, and no packaging or testing requirements.
That means intoxicating hemp products can legally be sold to minors, may not be lab tested, and are not required to be in child-resistant or properly labeled packaging. While many hemp businesses voluntarily abide by many or all of these restrictions, the reality is that there is no consequence or requirement to comply or self govern for any business that chooses not to.
Products containing delta-8 THC, HHC, and other hemp-derived intoxicants are commonly sold at gas stations, vape shops, and convenience stores across the state. This has led to more than a handful of high profile news stories involving teens and young adults who have been hospitalized after ingesting THC edibles or inhalables purchased from local stores and convenience shops in recent years.
The Division of Cannabis Regulation (DCR), which oversees Missouri’s medical and adult-use marijuana programs, has repeatedly stated that it has no authority over hemp-derived THC products but has restricted their use within licensed marijuana facilities, prohibiting hemp-derived cannabinoids from being incorporated into marijuana products.
Legislative gridlock and industry division
Efforts to establish oversight through legislation have repeatedly stalled in Jefferson City. For the last two years, many hemp businesses and advocates have strongly opposed any form of legislation or regulation, a position that traces back to the dissolution of the hemp regulatory body within the Missouri Department of Agriculture.
Last year, a reorganized Missouri Hemp Trade Association (MOHempTrade) brought in new leadership and partnerships in an effort to rebuild internal consensus and move toward policy creation. That effort helped to quell executive orders restricting intoxicating hemp from then-Governor Mike Parson, but unity within the hemp industry has remained elusive.
During the 2025 legislative session, multiple competing hemp bills were introduced by industry groups, trade associations, and private stakeholders. Some aimed to establish testing, age limits, or packaging rules, while others sought to protect intoxicating hemp products and prevent THC limits on flower and manufactured goods.
As Greenway reported in March, the lack of cohesion within the industry meant that none of the proposals succeeded, leaving hemp operators without any form of legal protection or regulatory clarity.
While the hemp industry avoided restrictive legislation that would have capped THCA levels or imposed milligram limits, the absence of compromise may now leave Missouri’s hemp businesses exposed. Without state law defining or protecting intoxicating hemp, a federal redefinition of hemp could effectively end the market entirely.
National reaction and industry perspectives
Following the Senate’s passage, reactions across the hemp and cannabis industries were swift and divided.
In a statement, Angus Rittenburg, CEO and Co-Founder of WYNK, said,
“The United States is home to one of the most dynamic and innovative consumer markets in the world, and hemp-derived THC beverages are a shining example of that spirit of innovation. In just a few years, American entrepreneurs have created an entirely new, fast-growing beverage category that offers adults a safe, low-dose alternative to alcohol. Now, that progress is under threat.
This isn’t just a policy debate. It’s about distinguishing between responsibly made, low-dose beverages like Wynk—and the unregulated, high-potency products that have flooded the market in the absence of clear federal guidelines.
It’s also about meeting consumers where they are. Millions of adults across the country have made it clear they want balanced, non-alcoholic options for social enjoyment, including low-dose THC beverages. The demand is real, and growing. Our industry has responded by creating safe, transparent, rigorously tested products sold through age-gated retail.”
“A ban doesn’t make sense,” Rittenburg contends. “It ignores consumer demand for non-alcoholic, low-dose alternatives that support moderation and balance. It stifles innovation in a space that has created jobs, economic growth, and new revenue streams for American farmers and small businesses. It creates a vacuum that bad actors and unregulated products will inevitably fill—something we’ve seen before, with dangerous consequences. It penalizes responsible operators who prioritize safety, testing, and clear labeling over potency or sensationalism.”
“We strongly support sensible, science-based regulation. Clear rules around dosage, testing, packaging, and access are what this industry needs—not an overreaching ban that would shut down innovation before it has a chance to be properly regulated. We urge lawmakers to recognize the difference between bad actors and responsible brands, and to act in the interest of safety, transparency, and consumer choice before it’s too late.”
Michael Bronstein of the American Trade Association of Cannabis & Hemp stated,
“We thank the Senate for demonstrating its resolve to address the dangerous proliferation of unregulated synthetic THC products. What began as a small loophole has become a public-health crisis. Clarifying congressional intent in the 2018 Farm Bill is essential to protecting consumers and giving legitimate hemp farmers the regulatory certainty they deserve.”
Andrew Mullins, Executive Director of MoCannTrade, echoed Bronstein and ATACH,
“Our federal policy partner, ATACH put out [a statement] last night. We couldn’t agree more with them and want to make sure they get the credit they deserve for ensuring sensible policy in Missouri and across the US.”
Meanwhile, the U.S. Hemp Roundtable strongly condemned the Senate language, warning it could eliminate most of the country’s hemp industry.
“The U.S. Hemp Roundtable issues the following statement regarding the proposed Senate language to recriminalize hemp products, condemning the harmful decision by Congress that threatens to eliminate America’s $28.4 billion hemp industry and jeopardizes more than 300,000 American jobs. If passed, this legislation would wipe out 95% of the industry, shuttering small businesses and American farms while costing states $1.5 billion in lost tax revenue,” the organization said in a release.
“Our industry is being used as a pawn as leaders work to reopen the government. Recriminalizing hemp will force American farms and businesses to close and disrupt the wellbeing of countless Americans who depend on hemp,” said Jonathan Miller, General Counsel for the U.S. Hemp Roundtable.
What comes next
As part of the appropriations package designed to reopen the federal government, the hemp provision was championed by Senate Minority Leader Mitch McConnell of Kentucky. The overall funding bill advanced on a 60 to 40 vote after days of tense negotiations to end the federal shutdown.
Senator Rand Paul, also of Kentucky and one of hemp’s most vocal defenders, introduced an amendment to strike the hemp restriction language from the measure. That amendment was voted down 3:1, 76 to 24, with an overwhelming bipartisan majority rejecting the effort to remove the provision.
Both Missouri Senators, Eric Schmitt and Josh Hawley, joined in opposing Paul’s amendment and supporting the stricter hemp definition.
If the bill passes the House and is signed by President Donald Trump, the new definition of hemp would take effect one year after enactment, likely in late 2026. The White House has already signaled its support for the language.
Missouri’s next move
For Missouri hemp operators, the stakes are high. A federal ban could leave the state’s hemp market, and hundreds of small businesses, in limbo. Without state regulations, Missouri currently has no framework nor duty to preserve its hemp industry.
Advocates for state action argue that Missouri lawmakers should consider establishing a regulated hemp market now, before federal enforcement begins, to provide oversight, ensure consumer safety, and allow legitimate operators a path forward.
Proponents say that the closing of an unintended loophole does not necessitate a call to action and that operators could have been proactive in creating regulations.
For now, Missouri’s intoxicating hemp market will continue to operate largely unchecked, existing in the same gray area it has since 2018, but now facing the most serious threat to its survival yet.
