As the U.S. government faces its longest federal shutdown since October 1, the House is preparing for a crucial vote to reopen operations. However, opposition within the Republican Party regarding a proposed ban on certain hemp-derived THC products is threatening to derail efforts to end the impasse.
At least 13 Republican House representatives have voiced their disapproval of the provision, which seeks to restrict intoxicating hemp products, such as those containing delta-8 THC. The disagreement centers on language included in the Senate-passed funding bill, which aims to regulate or outright ban these products.
A Narrow Margin in the House
The House needs 217 votes to pass the funding bill, which would temporarily reopen the government until January 30 while also approving full-year funding for agriculture, military, and legislative branch measures. With the recent swearing-in of Arizona Democratic congresswoman-elect Adelita Grijalva, the Republican majority in the House has narrowed to 219-214. This slim margin gives dissenting voices within the GOP significant leverage in the outcome of the vote.
If three or more Republicans break with their party, they will need Democratic votes to pass the measure - a situation complicated by the inclusion of the hemp-related provisions.
Opposition Led by Kentucky Republicans
Rep. James Comer, R-Ky., a long-time advocate for the hemp industry, is among the leading opponents of the proposed ban. Earlier this year, Comer, alongside 12 other Republicans and 14 Democrats, signed a bipartisan letter urging House Speaker Mike Johnson, R-La., to strip anti-hemp language from a previous appropriations bill.
"If the language contained in the FY26 Agriculture-FDA Appropriations Bill were to become law, it would deal a fatal blow to American farmers supplying the regulated hemp industry and small businesses, and jeopardize tens of billions of dollars in economic activity around the country", the letter stated.
The bipartisan group instead proposed regulating the hemp industry through measures such as restricting sales to individuals 21 and older, standardized packaging and labeling, and third-party testing, rather than outright prohibition.
Rep. Thomas Massie, another Kentucky Republican, has also expressed strong opposition to the hemp ban, stating, "I detest the tactics that are being used to try to get this ban enacted into law." Massie emphasized the benefits of hemp production for his state and lent his support to Sen. Rand Paul’s efforts to have the hemp provisions removed from the funding bill.
Senate Debate Fails to Remove Hemp Ban
The controversial language in the funding bill, co-sponsored by Senate Republicans, seeks to close a legal loophole in the 2018 Farm Bill that allowed the sale of intoxicating hemp products. Specifically, the provision would ban hemp-derived products containing synthetic cannabinoids, more than 0.3% total THC, or more than 0.4 milligrams of THC per container.
In an attempt to strike this language, Sen. Rand Paul, R-Ky., introduced an amendment to the Senate bill on November 10. However, this effort failed, receiving support from only one other Republican, Sen. Ted Cruz of Texas. Cruz defended his position, stating, "I believe regulating hemp and cannabis products should rest with each individual state."
Meanwhile, a White House official confirmed that President Donald Trump supports the funding package, including the hemp-related provisions.
Defections Possible in the House Vote
On the House side, opposition to the hemp ban has sparked significant debate within Republican ranks. Rep. Dan Crenshaw, R-Texas, criticized the Senate’s inclusion of the provision, questioning the role of federal oversight in such matters. "Should we really be regulating this from the federal level?" Crenshaw wrote on X (formerly Twitter). "We’ve had the debate already in Texas. I’m sure we will continue to have it."
Other Republican representatives opposing the hemp ban include Andy Barr, R-Ky.; Nancy Mace, R-S.C.; James Baird, R-Ind.; Tim Moore, R-N.C.; Earl L. "Buddy" Carter, R-Ga.; Derrick van Orden, R-Wis.; Scott Fitzgerald, R-Wis.; Tom McClintock, R-Calif.; Glenn Grothman, R-Wis.; and Russell Fry, R-S.C.
As the vote approaches, Speaker Johnson has accused Senator Paul of "gumming up the works" by prioritizing niche issues over reopening the government. Paul responded sharply, calling the hemp provisions a "shady maneuver" to force major changes to federal hemp law as part of an unrelated funding bill. "This is hogwash. Complete misleading the American people, and it’s irresponsible", Paul wrote on X.
He further argued, "Lawmakers - including folks on the House side - are trying to shoehorn a massive change to federal hemp law into a government funding bill that has nothing to do with reopening the government."
Uncertain Outcome
With time running out to end the shutdown, House leaders remain confident they will find the votes necessary to pass the funding bill. However, the inclusion of the hemp-related provisions has stirred significant controversy, leaving the final outcome of the House vote uncertain.
Ultimately, the question remains whether the proposal to regulate hemp-derived THC products will survive - or be removed - as both sides navigate the complexities of reopening the government.