In the ongoing debate over hemp-derived cannabinoid products, Congress is once again at a crossroads. Both the House and Senate agriculture appropriations bills would outlaw any hemp products containing any quantifiable amount of THC.
States across the country have already stepped up in the absence of federal clarity, crafting diverse and effective regulatory systems tailored to their unique needs. These state-led efforts reflect local values and conditions, and many are showing promising results in protecting public health.
While a federal prohibition may appear to be a well-intentioned effort to address justifiable safety concerns, it risks repeating the mistakes of past policies by undermining state-led innovation, harming small businesses, and confusing consumers. It will also penalize responsible actors who have worked in good faith to comply with evolving laws while doing nothing to limit the distribution of products from actors merely seeking to continue illicit activity under the guise of legality caused by regulatory uncertainty.
Rather than imposing a one-size-fits-all federal ban, Congress should pursue a regulatory framework that respects state leadership and prioritizes consumer safety. It should establish clear federal standards for product safety and labeling that complement, rather than replace, state regulations. This would provide much-needed clarity for consumers and businesses alike, while preserving the flexibility that states need to innovate and adapt.
This debate also highlights a broader truth: when the federal government fails to act, states often lead. Whether it’s in hemp regulation, education, or public safety, local solutions rooted in community knowledge tend to be more effective and sustainable. Federal policy should support – not stifle – this kind of bottom-up problem-solving. That means empowering states, not forcing their hand.
As Congress considers the path forward, it must resist the urge to impose blanket bans that ignore the complexity of the issue. Instead, lawmakers should collaborate with states and experts to develop a regulatory framework that protects consumers, fosters innovation, and respects federalism. The stakes for public safety are too high for anything less.
See our recent letters to Senate and House leadership opposing a federal prohibition on hemp products:
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