Kentucky Senate Brawl is a Hemp Win [For Now]
This message was originally sent to the Forge Hemp subscriber list on 07/30/2025. To receive updates like this one, subscribe to our newsletter using the field below.
If you've followed federal hemp legislation in the past, you know our industry has had some close calls, most recently proposed amendments to the 2018 Farm Bill that originally legalized hemp, as defined as finished products containing 0.3% or less delta-9 THC.
Since then, states have crafted their own laws, some with more strict language that prohibits variations of THC, like delta-8, delta-10, THC-O, and HHC. Some even have restricted sale of non-intoxicating CBN made from conversions of hemp-derived CBD, and the new federal plan follows suit.
The "Miller Amendment" is Under Review in the House
Today, there was a hearing in the House Appropriations Committee regarding the FY26 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Bill, which includes hemp industry-killing "Miller Amendment" language. A copy of the bill can be found here.
Deep into the bill on page 113 is a provision that redefines hemp and bans any product with a "quantifiable" level of THC. So, for example, our CBD tablets that contain less than 0.2mg THC per piece for every 25mg of CBD (.0025% THC by weight) would be prohibited federally. We could re-manufacture these products using CBD isolate, which contains no measurable THC, like our CBD tinctures, Muscle Gel, Balm, and Lip Balms, but there's a hitch.
No More Hemp Plants?
Most disturbing for the industry, this type of language could potentially disallow the farming of any hemp agricultural commodity, given that there are no hemp plants without a "quantifiable" level of THC. No hemp plants = no CBD, even if the finished consumer product is free of THC.
No More Non-Intoxicating Cannabinoids?
The proposed legislation bans cannabinoids that have a "similar effect" as THC, so we expect HHC to be included as a prohibited substance. We also expect non-intoxicating CBN and THCV to be included in the ban...because these people don't know what they're talking about.
This is not the first time an attack on the hemp industry has been launched in the House Appropriations Committee. Similar language, which would have killed the nation's entire hemp industry, was offered in the FY2025 Agriculture Appropriations bill, but that measure was defeated after a showing of support from hemp industry stakeholders.
Next Steps
If you have access to your district congressperson, please reach out if you think these rules are draconian and disenfranchise people using the spectrum of safe, state-legal hemp products for a myriad of conditions.
We're cautiously optimistic that this too will pass. A broad coalition of lawmakers from all parties have banded together in the past to protect the hemp industry that represents consumers' access to plant-based solutions, tens of thousands of jobs, and small businesses, like Forge Hemp.
Worst Case Scenario
If the worst comes to pass, we'll do our best to meet your immediate needs, then close up shop. Our access to banking and payment processing will end, and that will be that. Let's hope not. In the meantime, let's think positive thoughts and please use code HOUSE25 to save 25% store-wide on individual items (not multi-packs or sale).
Questions?
If you have any questions or comments, let us know. You can contact us any time at info@forgehemp.com, or call during business hours (Mountain Time) at 1-877-33-HEMP9. If we can't take your call immediately, we'll call you back promptly.
Thanks again,
Kelly + Team Forge
