Rand Paul Stands Alone in GOP Vote as Hemp Battle Intensifies
A push by U.S. Sen. Mitch McConnell to close a loophole that enabled the sale of intoxicating hemp-derived products has become a major point of conflict in negotiations to reopen the federal government. His effort is being opposed by fellow Kentucky Sen. Rand Paul.
After a key vote on Nov. 9, senators have begun advancing a plan to end the shutdown, now stretching past 40 days. That plan involves combining three appropriations bills into one package that could move through Congress this week and is expected to be signed by President Donald Trump if it reaches his desk.
One of those bills contains provisions that would ban products containing more than 0.4 milligrams of THC, the psychoactive compound found in marijuana. In recent years, hemp — which McConnell has described as marijuana’s “illicit cousin” because it carries much lower levels of THC — has grown into a significant industry in Kentucky.
The proposed ban would take effect one year after the law is enacted. Industry leaders, including Jim Higdon, cofounder of Louisville-based Cornbread Hemp, argue the change would effectively eliminate much of Kentucky’s hemp economy.
The shutdown began on Oct. 1, and the Senate passed the latest government funding legislation on Nov. 10 in a 60-40 vote. Paul was the only Republican to vote against it. The bill now moves to the House.
McConnell, who plans to retire after next year and was instrumental in passing the 2018 law that opened the loophole, has long disagreed with Paul on this issue. Their dispute even surfaced publicly on the Senate floor earlier this summer.
McConnell has said his original goal in 2018 was to legalize hemp for its industrial uses, such as textiles and fiber. However, the law also paved the way for products like delta-8 THC, a synthetic intoxicant. McConnell has frequently expressed concern that such products are being marketed in packaging appealing to children.
On Nov. 10, he said the updated language in the 2025 appropriations bill “keeps these products out of the hands of children, secures the future of regulated hemp businesses, and keeps our promise to American farmers and law enforcement by clarifying the intention in the 2018 Farm Bill.”
Paul has consistently resisted closing the loophole, arguing that hemp has become a vital crop for Kentucky farmers and small businesses. According to the Kentucky Department of Agriculture, nearly 5,000 acres in the state are currently used to grow hemp, with 97.5% dedicated to floral or cannabinoid production.
Over the summer, McConnell attempted to add similar restrictions to a Senate appropriations bill. Paul threatened to block the entire bill if that language remained, leading McConnell to withdraw it. McConnell later questioned whether Paul was truly an “advocate for hemp farmers,” pointing out Paul had voted against previous bills supporting hemp production. Paul has countered that he opposed those bills due to their broader budget impact, not their hemp provisions.
Now, the issue has returned in the context of reopening the government.
Paul introduced an amendment on Nov. 10 to remove the hemp language, but the Senate rejected it later that evening. His office said he wants to “reopen the government without delay,” but believes the hemp provision “unfairly target[s] Kentucky’s hemp industry — language that is unrelated to the budget and the government-reopening goal.”
Industry members have lined up behind Paul. Higdon said limiting products to 0.4 milligrams of THC would mark “a dark day for anyone who hopes for a future when cannabis is descheduled in America.”
“If we can’t keep full spectrum CBD products legal, then the future of cannabis reform seems even more distant with an emboldened alcohol industry that now has a proven playbook for killing cannabis,” he said.
Other Kentucky lawmakers have opposed similar measures. In September, four of Kentucky’s six House members — Reps. Andy Barr, James Comer, Thomas Massie, and Morgan McGarvey — signed a letter to House Speaker Mike Johnson opposing the hemp restrictions. A spokesperson for Massie confirmed he plans to vote against the current bill in part because of the hemp provision.
“Kentucky benefits from hemp production, and I fully support Senator Rand Paul’s efforts to strip the unrelated hemp ban from the Senate funding bill,” Massie said. “I detest the tactics that are being used to try to get this ban enacted into law.”
McConnell has emphasized that closing the loophole is a priority for him before his retirement. His position has support from 39 state attorneys general, who sent a letter to Congress arguing the loophole has been “exploited by bad actors to sell recreational synthetic THC products across the country.” Kentucky Attorney General Russell Coleman did not sign the letter.
Kentucky Agriculture Commissioner Jonathan Shell opposed similar language over the summer, calling it “overbroad” and warning it would “criminalize non-intoxicating CBD products.” His office did not comment on Nov. 11.
Several alcohol industry associations have urged lawmakers to back McConnell, saying in a Nov. 10 letter they are prepared to work on regulations to ensure intoxicating products are sold safely once the loophole is closed.
Kentucky’s legislature enacted regulations earlier this year that set THC limits for hemp-derived beverages. While Wine & Spirits Wholesalers of Kentucky supported that state law, executive director Charles George said a federal ban goes too far, though he noted the one-year window provides some relief.
“We urge Congress to establish a balanced regulatory framework — similar to that governing alcohol — that protects consumers, ensures product safety, and respects state authority,” George said.
The National Hemp Association supports McConnell. Chairman Geoff Whaling credited him with helping establish hemp as an important American agricultural commodity.
McConnell has also said the proposed language would allow industrial hemp and CBD products to remain legal for uses such as fiber, grain oil, and research activities.
But many in the industry say that misses the reality of how hemp businesses stay afloat. Katie Moyer, owner of Kentucky Hemp Works and a board member of the Kentucky Hemp Association, said more than 90% of the state’s hemp economy would be affected, since research into nonintoxicating products is funded largely through cannabinoid sales.
“The idea that McConnell is doing us a favor by allowing farmers to have a year to figure out what to do with their product or their crop, that’s not much of a consolation,” she said. “This just goes to show that they’re not interested in public safety, they’re not interested in protecting children, or they would have banned it immediately as an emergency bill.”
Farmers are also voicing concern. Jay Grundy, who grows hemp for Cornbread Hemp on about 60 acres in Marion County, said his farm expanded production expecting balanced regulation that would limit bad actors while leaving legitimate products on the market.
He said high-THC and synthetic products should be removed but argued products with doses around five milligrams or slightly more can be used safely.
“By all means, get rid of the synthetic crap. Get rid of all the high dosages,” he said. “That is something we want to get rid of, and that is something that sound regulation can help us do.”
Grundy’s farm previously relied on tobacco before that sector declined. A federal crackdown on hemp, he said, would force him to sell off equipment and erase years of progress.
“It’s a death sentence at this point,” he said. “If this continues forward and we don’t get something done within a year, we’re shut down both from a manufacturing standpoint and a farming standpoint.”
