For years, manufacturers and retailers exploited ambiguities in the 2018 Farm Bill’s hemp definition to market highly intoxicating products as “legal hemp,” with many chemically converted versions marketed as far more potent than regular marijuana. 

Public Law 119-37

In November 2025 Congress enacted Public Law 119-37, which closes the federal loophole that has allowed highly intoxicating hemp-derived THC products to be marketed and sold nationwide as "legal hemp."

Public Law 119-37 is a major public health, safety and consumer protection success because it:

1. Shuts down the national market of so-called “hemp” products that are, in practice, high-potency intoxicating products;
2. Preserves legitimate hemp agriculture and lawful non-intoxicating hemp commerce, while drawing a clear boundary around THC and other intoxicating products derived and synthesized from hemp; and
3. Creates a clear, enforceable federal standard and jurisdictional clarity – reducing a fragmented regulatory mess and ensuring that the excluded intoxicating products are appropriately classified under the Controlled Substances Act (CSA) as of the effective date.

Now, some lawmakers, at the urging of the intoxicating Hemp Industry are attempting to delay, weaken, or overturn this important public health and consumer protection law using the FY 27 Continuing Resolution as the vehicle. We strongly oppose efforts to include a further implementation delay of the provisions in Public Law 119-37 that closed the hemp loophole in the FY 2027 Continuing Resolution now being considered by Congress. 

We encourage you to make sure your voice is heard. Please use the link below contact your U.S. Congressional Delegation (2 Reps. And 1 Sen.) today and urge them to oppose efforts to delay, weaken, or overturn the federal law closing the intoxicating hemp loophole, including proposals that would postpone implementation beyond the current one-year timeline. 

Take Action

Please contact your Members of Congressional delegation and ask them to:

• Oppose any proposal that would delay implementation of Public Law 119-37.
• Oppose any effort to weaken or overturn the federal law closing the intoxicating hemp loophole.
• Preserve the current one-year implementation timeline established by Congress.
• Protect legitimate hemp agriculture while ensuring intoxicating hemp-derived THC products are no longer sold under the guise of "hemp."

What You Can Do

Contact your members of the House and Senate and ask them to oppose any implementation delay of Public Law 119-37, which closed the Hemp Loophole. 

How To Do It

CADCA’s legislative alerts use your home address to send messages to your members of Congress. All of these messages will be sent to your Congressional delegation as a constituent using your home address. Click “Send Message” in the box on the right to send a message to your members of Congress asking them to oppose any implementation delay of Public Law 119-37, which closed the Hemp Loophole.

Sample Message

I am writing to urge you to oppose any efforts in the FY 2027 Continuing Resolution to delay, weaken, or overturn Public Law 119-37, which closed the Hemp Loophole beyond the current one-year timeline set to go into effect on November 12, 2026.

Congress acted to close the intoxicating hemp loophole after years of highly intoxicating hemp-derived THC products being marketed and sold as "legal hemp." The law preserves legitimate hemp farming and non-intoxicating hemp products while establishing a clear federal standard for intoxicating products that were never intended to be sold under the hemp framework.

The existing one-year implementation delay provided ample time for businesses and regulators to prepare. Extending that timeline would unnecessarily allow intoxicating hemp products to remain widely available and delay important public health and consumer protections.

Please oppose any efforts in the FY 2027 Continuing Resolution to delay or weaken implementation of Public Law 119-37 and support timely implementation of the law as enacted.

Thank you for your consideration and your commitment to protecting public health, consumers, and our communities.