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by DYLAN NOLAN
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The deal that ended a 43-day partial shutdown of the federal government included language closing a hemp-product loophole that has led to an explosion of mind-altering marijuana adjacent products.
Since the passage of the 2018 farm bill, a multitude of hemp-based products have been legal. Hemp is an incredibly versatile plant that is used in the production of paper, rope, cloth, plastics, paint and can even be eaten by people and animals.
While the 2018 farm bill opened the door to domestic hemp production to supply these many industries, it also created a booming industry of newly-legalized psychoactive products – including smokable flower that is not visually different from illegal marijuana, as well as a wide variety of food and beverage products that have cropped up in stores throughout the nation.
This is not a small dollar issue, either, as experts estimate the 2018 farm bill created a $28 billion annual hemp industry – one whose rapid rise coincided with multiple quarters of declining sales in the alcohol industry.
U.S. senator Rand Paul of Kentucky recently led an effort to stop his delegation mate – former majority leader Mitch McConnell (who often appears to have consumed a large quantity of pot products himself) – from effectively killing the hemp industry.
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U.S. senator Rand Paul argues against the hemp-product ban (Rumble)
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“This bill contains language that has been airdropped in and will destroy hemp faming in Kentucky and around the United States,” Paul noted his support of efforts to refine regulations to prevent the production of psychoactive products.
He also admonished those seeking to eliminate the industry wholesale instead of attempting to preserve the livelihoods of farmers not engaged in psychoactive hemp production.
The senator pointed out that the language would nullify laws implemented by dozens of states to regulate the hemp industry on their own.
“This is the most thoughtless ignorant proposal to an industry that I’ve seen in a long long time,” Paul said.
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McConnell and senator Ron Wyden of Oregon were responsible for the passage of the 2018 farm bill. Subsequently, McConnell has reportedly expressed his desire to close the unintended drug loophole he created prior to his retirement in 2026. McConnell noted that due to the proliferation of non-age-restricted mind-altering substances, children were “being sent to the hospital at an alarming rate.”
McConnell’s provision doesn’t take effect for a year – and is seen by many concerned with the industry as the forced implementation of permanent prohibition rather than the establishment of a fair regulatory framework.
Filling this statutory hole is a primary concern of the progenitors of South Carolina’s cannabis consumable product regulation, H. 3924. Palmetto State lawmakers hope to enact a state regulatory framework to keep the products out of kids’ hands, regardless of what the federal government does (or doesn’t do) in the future.
State representative Chris Wooten spoke with FITSNews in early 2025 prior to the House’s passage of his bill. Wooten cited first responder reports of numerous children becoming intoxicated and hospitalized by these substances as his primary motivation for attempting to regulate the industry.
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RELATED | BILL WOULD REGULATE CANNABIS DRINKS AND EDIBLES
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When asked today whether the new federal statute alleviated the state’s need to pass its own regulations, Wooten was emphatic that the state needs the ability to enforce the law itself.
“If we rely on the feds the only people that can enforce this would be DEA,” he said. “It would not give state or our municipalities any enforcement power.”
Wooten said he sees an appetite to set caps on the percentage of THC (the mind-altering substance found in marijuana) contained in consumable products sold in the state, as well as the maximum number of servings allowed per package.
The bill as passed by the House would regulate these brain-bending beverages in a regulatory framework similar to the state’s current regulation of the sale of beer and wine.
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This is why the politicians are pushing to limit THC drinks. It's all about shelf space. This entire aisle, once for beer, is now all THC drinks. The big alcohol companies can't compete in the marketplace so they get politicians to do their bidding. That's not the way free market… pic.twitter.com/2emSlYRg6Z
— Wesley Donehue (@jwesleydonehue) November 15, 2025
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When asked whether the alcoholic beverage industry was pumping money into the state in support of the legislation – as has been suggested by S.C. political strategist Wesley Donehue – Wooten indicated the industry was split on it’s support for the regulation. Some see it as killing competition, he said, while others view it as missing out on an opportunity to tap into a lucrative new revenue-stream.
Wooten said he expected the introduction of multiple amendments as the Senate considered his legislation.
Representative Heath Sessions expressed his desire for the General Assembly to swiftly address the issue once it reconvenes in a statement to FITSNews.
“As a priority, I endorse reasonable restrictions on hemp-infused drinks and other products to safeguard the welfare of our children,” Sessions added that “adults who opt to consume these products must have access to clear information about their composition and potential health implications.”
“Recently, the Senate Medical Affairs subcommittee convened to discuss potency caps, synthetic prohibition, and the regulation of on-premise and off-premise sales. These discussions are timely and relevant, and I await a comprehensive legislative response upon our return to session,” Sessions said.
Speaking of, the Senate agriculture and natural resources subcommittee is scheduled (.pdf) to convene this coming Monday (November 24, 2025) to discuss Wooten’s bill. Stay tuned for further coverage…
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ABOUT THE AUTHOR…
(Via: Travis Bell)
Dylan Nolan is the director of special projects at FITSNews. He graduated from the Darla Moore school of business in 2021 with an accounting degree. Got a tip or story idea for Dylan? Email him here. You can also engage him socially @DNolan2000.
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2 comments
When central planners, do-gooders and corporations partner you can rest assured there will be unintended consequences that will effect bot only free markets but the freedom of every person under their control.
If it moves tax it. If it does not move subsidize it and if you want more of it make it illegal.
See, the Legislature could be spending its time dealing with important health and safety issues like unregulated THC products instead of trying to send women’s health to the dark ages.