To end the shutdown, the Senate voted to destroy the hemp industry

Just when you thought you’d seen it all on Capitol Hill, reopening the federal government appears to have hit yet another roadblock: Hemp.

A day after Democratic Senators reached a deal with their Republican counterparts in the Senate to end the longest government shutdown in history, a vote on the agreement was held up by a provision in the bill that would ban the unregulated sale of hemp-based or derived products. The provision relates to funding for the Department of Agriculture, and was flagged by Senator Rand Paul of Kentucky, home to a burgeoning hemp industry.

Paul introduced an amendment to strip the language on Monday, but the amendment failed. Subsequently, the Senate passed the bill with the prohibitive language intact. However, the bill, which would impact everything from smokable hemp products to hemp-derived THC drinks, won’t take effect until 365 days after it is signed into law.

Sales of hemp and hemp-derived products were allowed under the 2018 Farm Bill, and that’s led to the sale of certain cannabis-derived products around the country, sometimes in contrast to state laws. The new language would ban sales of any products containing THC, of which hemp may contain trace amounts, effectively outlawing it.

On X, Paul defended his amendment, even if it slowed the reopening process, saying that protecting constituents’ jobs is under his purview.

“Just to be clear: I am not delaying this bill,” he wrote on Monday. “The timing is already fixed under Senate procedure. But there is extraneous language in this package that has nothing to do with reopening the government and would harm Kentucky’s hemp farmers and small businesses. Standing up for Kentucky jobs is part of my job.”

Notably, Kentucky’s other Senator, Mitch McConnell, was at odds with Paul over his proposed amendment. The hemp industry in Kentucky employs roughly 3,500 people, and worries about a potential ban have been floating around since earlier this year. A statement released in June by the Kentucky Hemp Association seemingly preempted this week’s action in the Senate, too.

“Kentucky has emerged as a national leader in hemp production and innovation,” it reads. “Now is not the time for the federal government to impose arbitrary changes that disrupt this progress. The hemp industry has consistently called for thoughtful regulation that protects consumers while preserving economic opportunities for farmers,” it continues.

“Rather than rolling back years of responsible development, federal policy should reinforce this thriving sector—not seek to recriminalize it.”