With federal cannabis rescheduling running in the background, President Trump is also urging Congress to keep the hemp THC loophole open, the third official ask in six months, each one more formal than the last. So far, every amendment aimed at fixing the looming November 12th ban has stalled before reaching a floor vote. On June 24, OMB Director Russell Vought sent a formal letter to House Speaker Mike Johnson asking Congress to act before the deadline, explicitly referencing the LHPA and stating Congress should pass it “or, at minimum, an extension of implementation of the regulatory framework put in place by Section 781.” The message is clear: a full regulatory framework is preferred, but a deadline extension would do.
The administration’s preferred fix is Rep. Andy Barr’s Lawful Hemp Protection Act (LHPA), a comprehensive bill that would build a federal framework for hemp. Key provisions include:
- Raising the legal THC threshold to 1%, measured on the finished product.
- Splitting oversight in two: hemp beverages would go through the Alcohol and Tobacco Tax and Trade Bureau under a three-tier system, while gummies, tinctures, and capsules would be regulated by the FDA as dietary supplements.
- New taxes to fund the framework: a 5% fee on most non-beverage hemp products and a 5 cent per milligram tax on THC beverages.
- A staggered rulemaking runway, from a 90-day FDA cannabinoid list to a full year for the new beverage distribution system.
- A directive for HHS to write rules within 18 months setting maximum THC content by product category.
One important caveat for Texas: the LHPA sets a federal floor, not a ceiling. States remain free to regulate more strictly, which means Texas could keep its own DSHS “total THC” rule in place even if this bill becomes law. A federal fix would not automatically resolve the Travis County case or change what’s actually on Texas shelves; that fight stays on its own track regardless of what Congress does.
Smokeable THCA flower sits in a particularly notable position: the LHPA would federally re-legalize it under a regulated, taxed, age-gated framework, even as Texas’s own state rules are currently banning the exact same product. Flower is excluded from the narrower “hemp-derived dietary supplement” category (since that excludes anything for inhalation), so it gets regulated under general consumable-product rules rather than the FDA’s dietary-supplement pathway. That is a regulatory-pathway distinction, not a legality distinction.
Whatever form federal legislation ultimately takes, TCPC believes any framework must include meaningful age restrictions to prevent youth access to THC products. Age-gating is not only sound public health policy; it is a baseline expectation for any responsible regulatory system, and a non-negotiable component of industry legitimacy. We will continue advocating that any bill passed by Congress include clear, enforceable prohibitions on sales to minors across all product categories.
Read more: White House Pushes Congress on Hemp (Marijuana Moment) | OMB Letter to Speaker Johnson | White House Asks Congress to Revise Hemp Definition (Cannabis Business Times) | Holding the Door Open for Low Dose Beverages (Root for Hemp) | National Restaurant Association Urges Congress to Regulate, Not Ban, Hemp THC Drinks
→ Take action: Contact your members of Congress and urge support for hemp reform before the November 12th deadline, and make clear that any legislation must include robust age restrictions. Find your representatives at congress.gov/members/find-your-member.