Oregon Senators Push New Federal Framework for Hemp THC as Industry Faces Looming Ban

Oregon’s delegation to the U.S. Senate this week introduced legislation to regulate hemp-derived cannabinoids at the federal level while allowing states to permit CBD and other hemp products, according to a report from Marijuana Moment.

The proposed bill from Democratic Sens. Ron Wyden and Jeff Merkley, the Cannabinoid Safety and Regulation Act, would set THC limits on hemp products that would apply in states that have not enacted their own regulations. The federal standard would allow up to 5 milligrams of THC per serving and up to 50 milligrams per package for products except beverages, which would be subject to a cap of 10 milligrams of THC per container.

Merkley and Wyden introduced the bill only weeks after Congress and President Donald Trump approved a government spending bill that includes provisions to ban hemp products with more than 0.4 milligrams of THC per package. Hemp advocates say the ban will make most products available today illegal and likely decimate the hemp industry.

FDA To Set Safety Standards

The senators’ new bill also authorizes the U.S. Food and Drug Administration to set safety standards for consumable hemp products, such as restrictions on marketing to children. The measure bans synthetically produced cannabinoids such as delta-8 THC.

“There’s no question that more needs to be done to protect kids and consumers from unsafe, untested hemp products,” Wyden told Marijuana Moment.

“We learned from the failed war on drugs that a one-size-fits-all approach that bans hemp products from the market outright does nothing to protect kids and consumers, and will be a gut-punch to thousands of jobs and small businesses across the country,” he added. “My legislation takes the thoughtful and measured approach necessary to implement strong consumer protection regulations while fostering growth and innovation in this growing industry.”

Merkley said that “a blanket ban on hemp harms research and the entire industry.”

“Instead, the FDA must establish clear, commonsense guidelines—as it does for other foods, drinks, and products—to protect the health of all Americans and prevent children from purchasing these hemp products,” he said.

The bill allows states to set hemp regulations that are more restrictive than the federal standard, including prohibitions on hemp THC products. States that allow such products would be required to comply with federal labeling and packaging regulations and prohibit sales to individuals under age 21. Businesses selling hemp THC products would be required to follow federal guidelines.

Bill’s Introduction Follows New Federal Hemp Ban

The introduction of the legislation came only the day before news broke of an apparently imminent executive order from Trump directing his administration to reschedule cannabis. With the regulatory landscape evolving, legal and policy experts explained how the hemp ban and cannabis rescheduling would intersect.

“The DEA’s proposed rule expressly states that it will not affect hemp’s existing federal legal status, maintaining its exemption from the Controlled Substances Act (CSA) so long as it meets the legal definition of hemp,” Shawn Hauser, partner with the cannabis and psychedelics law firm Vicente LLP, writes in a statement to IgniteIt. “However, the recent federal amendment to the hemp definition—which bans any finished product with more than 0.4mg Total THC per container after November 2026 and prohibits synthetic cannabinoids—means that most intoxicating hemp products will be reclassified as ‘marijuana’ under the Controlled Substances Act (absent any change in federal law). This means that many products that were formerly legal hemp are now federally reclassified as Schedule I marijuana (until the rescheduling takes effect, when they will become Schedule III).”

“This twin development demands a legislative solution. Rescheduling fuels the ultimate goal of full descheduling, while the new hemp limits compel both the marijuana and hemp industries to align and advocate for a unified, science-based federal regulatory framework for all THC products,” Hauser continues. “This is a critical step towards ending prohibition; it’s a critical opportunity to establish stable regulations that prioritize consumer safety and market stability.”

Michelle Rutter Friberg, director of government relations for the National Cannabis Industry Association, writes that if “Trump goes ahead with moving cannabis to Schedule III, there would be no impact on the hemp-derived THC industry until the ban goes into effect in November 2026, at which point hemp-derived products will be moved to Schedule III. Rescheduling is certainly a historic step forward; however, descheduling and regulating cannabis would be a much simpler and comprehensive way to move ahead.”