Former Trump Official Pushes Hemp THC Ban in New Policy Brief

Former Official Calls for Immediate Federal Action

The policy brief argues that hemp-derived intoxicating cannabinoids exploit a statutory loophole and should be classified as controlled substances. Circulated to federal agencies and congressional offices, the document represents a renewed push from conservative drug policy circles to restrict the hemp-derived THC market. That market has grown into a multi-billion-dollar industry since 2018.

The brief doesn't specify which federal agency should take enforcement action. Both the Drug Enforcement Administration and the Food and Drug Administration hold regulatory authority over hemp-derived substances. The author served in the Office of National Drug Control Policy during the first Trump administration.

The 2018 Farm Bill Loophole at Issue

The Agricultural Improvement Act of 2018 legalized hemp by removing it from the Controlled Substances Act definition of marijuana, defining hemp as cannabis containing no more than 0.3% delta-9 THC on a dry weight basis. That statutory language created a pathway for manufacturers to sell products containing high concentrations of other THC isomers—delta-8 THC, delta-10 THC, and THCA—as well as concentrated delta-9 THC products that comply with the 0.3% threshold by weight.

Industry data puts the loophole's retail sales at an estimated $28 billion since 2019. Gas stations sell the products. So do convenience stores and dedicated hemp retailers in states without legal cannabis programs.

Legal Arguments in the Policy Brief

The brief contends that Congress intended to legalize only non-intoxicating industrial hemp fiber and seed products, not psychoactive cannabinoids in concentrated form. It cites legislative history from the 2018 Farm Bill debates. The 0.3% threshold, it argues, was designed to distinguish industrial hemp crops from marijuana plants—not to permit extraction and concentration of intoxicating compounds.

Delta-8 THC and other semi-synthetic cannabinoids fall under the Federal Analogue Act, 21 U.S.C. § 813, according to the document. That statute treats substances substantially similar to Schedule I drugs as controlled substances. DEA hasn't issued a formal determination on this question.

State-Level Enforcement Already Underway

At least 19 states have enacted restrictions on hemp-derived intoxicating products since 2021, with enforcement actions targeting delta-8 THC retailers in Colorado, New York, and Oregon. Those state bans have created a patchwork regulatory environment. Products legal in Tennessee are prohibited in neighboring Kentucky.

Federal preemption could eliminate that state-by-state variation, the policy brief urges. It doesn't address whether a federal ban would override state hemp programs operating under USDA-approved plans.

Industry Pushback and Economic Stakes

The U.S. Hemp Roundtable, a trade association representing hemp manufacturers, has consistently opposed federal restrictions on hemp-derived cannabinoids. The 2018 Farm Bill permits all derivatives of compliant hemp, the group argues. It has retained former congressional staff and federal lobbyists to defend the current statutory framework.

Hemp farmers in Kentucky, North Carolina, and Tennessee have invested heavily in cultivation infrastructure for cannabinoid extraction. A federal ban would eliminate the primary revenue stream for those operations, which produce little revenue from fiber or seed sales.

Congressional Activity on Hemp THC

No standalone bill to restrict hemp-derived THC has advanced in the 119th Congress, though language addressing the loophole was included in earlier drafts of the 2023 Farm Bill reauthorization. Committee negotiations stripped that language after opposition from rural-state Republicans whose districts depend on hemp farming revenue.

For full background on this story, see the CannIntel topic hub on the hemp THC loophole.

What Comes Next

The brief's circulation to federal agencies doesn't trigger a formal rulemaking process, but it could influence DEA or FDA enforcement priorities. DEA has statutory authority to issue interim final rules classifying substances as controlled analogues without advance notice-and-comment rulemaking. Emergency scheduling provisions in 21 U.S.C. § 811(h) grant that power.

Watch for whether DEA issues a notice of proposed rulemaking or enforcement guidance on hemp-derived cannabinoids before the 2026 midterm elections. Any such move would face immediate legal challenge from the hemp industry on Administrative Procedure Act grounds.