Trump's Hemp Ban: A Prelude to Stricter Federal Cannabis Control?

In a surprising move, former President Donald Trump signed a significant hemp prohibition measure into law in November 2025, marking a drastic shift in federal cannabis policy. This legislation, embedded within a bill to reopen the federal government, redefines hemp by imposing a strict THC limit of 0.4 milligrams per container and bans chemically converted cannabinoids. This sweeping change threatens to push a multitude of hemp-derived products back into Schedule I by November 2026, effectively erasing a significant portion of the hemp market established by the 2018 Farm Bill

The abrupt policy shift has sparked concerns among cannabis operators who fear a broader federal crackdown. The Heritage Foundation, a prominent conservative think tank, has long advocated for a return to stricter cannabis regulations. Their stance is that without FDA approval, interstate cannabis distribution should remain illegal, regardless of state laws. This aligns with Project 2025's objectives to centralize federal power, potentially paving the way for increased federal intervention in state-legal cannabis markets

Paul J. Larkin Jr., a key legal voice at the Heritage Foundation, argues that cannabis should remain under stringent federal control. He contends that the FDA has never approved botanical cannabis as a safe and effective drug, and thus, federal oversight should not be relaxed. Larkin's perspective suggests that even if cannabis is rescheduled, the lack of FDA approval would still render interstate commerce illegal, maintaining a tight grip on the cannabis industry

The implications of this hemp ban extend beyond just hemp products, affecting the entire cannabis industry. The revised definition of hemp now excludes viable cannabis seeds, which were previously considered legal under the 2018 Farm Bill. This change effectively shuts down the interstate seed market, which has been crucial for cannabis innovation and breeding. The new regulations classify seeds based on the THC potential of the plants they produce, complicating the legal landscape for breeders and growers

The political process behind the hemp ban was notably opaque, with the legislation passing swiftly and without public debate. This rapid enactment has led to concerns about the potential for future restrictive measures against cannabis. Mitch McConnell, who once championed hemp legalization, has quietly supported the new restrictions, suggesting a shift in political attitudes towards a more conservative stance on cannabis regulation

Looking ahead, the cannabis industry faces a precarious future under a potential Project 2025-aligned administration. The consolidation of federal power could lead to stricter enforcement of cannabis laws, with Schedule III being used as a tool for increased regulation. This scenario poses significant challenges for state-legal cannabis markets, as federal agencies could leverage new regulatory frameworks to exert control. The industry must remain vigilant and proactive in navigating these evolving legal landscapes