In a dramatic legislative showdown, Rep. Nancy Mace (R-SC) has emerged as an unlikely champion for the hemp industry. Just days after Congress passed a spending bill containing a provision that would effectively ban most hemp products, Mace introduced the American Hemp Protection Act of 2025—a bill designed to repeal the ban and save an industry on the brink of destruction.
This is the story of how a $28 billion industry ended up in the crosshairs of federal legislation, and what one congresswoman is doing to fight back.
What is the American Hemp Protection Act?
The American Hemp Protection Act of 2025 is straightforward in its purpose: repeal the hemp ban that was tucked into November 2025’s government spending bill.
Specifically, the bill would strike Section 781 of H.R. 5371, the provision that:
- Sets a limit of 0.4 milligrams of total hemp-derived THC per container
- Effectively bans approximately 95% of all available hemp products in the United States
- Takes effect November 13, 2026—giving the industry just one year to comply or close
The bottom line: Mace’s bill would eliminate the ban entirely, preserving the legal hemp industry as it exists today.
Why Did Mace Introduce This Bill?
Nancy Mace didn’t mince words when she took to the House floor on November 12, 2025, warning her colleagues about the devastating consequences of the hemp ban:
“This provision would deal a fatal blow to American farmers supplying the regulated hemp industry and small businesses, and jeopardize tens of billions of dollars in economic activity.”
She made a clear commitment to her constituents and the hemp industry:
“In the year before this provision takes effect, I will work tirelessly to reverse this harmful language and create a common-sense regulatory framework which protects America’s children, ensures product quality and preserves access to products used by tens of millions of Americans.”
Translation: Mace recognizes that the 0.4mg THC limit isn’t regulation—it’s prohibition disguised as regulation.
The Economic Devastation This Ban Would Cause
The numbers are staggering. If the hemp ban goes into effect in November 2026:
Jobs at Risk
- Over 300,000 American jobs will be eliminated
- Farmers, retailers, manufacturers, distributors—entire supply chains will collapse
- Small businesses that have operated legally for years will close their doors overnight
Industry Destruction
- $28 billion industry wiped out
- 95% of hemp products currently on shelves would become illegal
- States with thriving hemp economies—including Kentucky, Texas, Utah, and South Carolina—will see massive economic losses
Impact on Farmers
Hemp farmers who scaled up cultivation after the 2018 Farm Bill legalized hemp will face:
- Canceled or restructured contracts
- Worthless crops (as Sen. Rand Paul warned: “every hemp seed in the country will have to be destroyed”)
- Loss of a critical agricultural market
South Carolina alone has seen significant growth in its hemp industry since 2018. Mace is fighting to protect her constituents’ livelihoods.
The Irony: Mitch McConnell Created This Industry, Then Tried to Destroy It
Here’s where the story gets bizarre.
2018: Sen. Mitch McConnell (R-KY) championed the legalization of hemp in the 2018 Farm Bill. Hemp was his signature legislative accomplishment—a way to create a new agricultural commodity and economic driver for Kentucky farmers.
Result: A thriving $28 billion industry employing 300,000 Americans.
November 2025: In one of his final acts before retirement, McConnell added hemp-banning language to a must-pass government spending bill, setting the 0.4mg THC limit that would destroy the very industry he helped create.
Boris Jordan, CEO of a cannabis company, explained McConnell’s reversal:
“This was his [McConnell’s] signature law, the hemp law, and he wanted to correct it. Usually the Senate will back a retiring senator, particularly someone as senior as him, as their last action. This was a request by him at the last minute.”
Sen. Rand Paul (R-KY), McConnell’s fellow Kentucky senator, was furious. Paul blasted the provision as an overreach that is “killing jobs and crushing farmers.”
The man who built the hemp industry spent his last days in office trying to tear it down.
Why Is This Happening? Follow the Money.
If hemp is legal, regulated in many states, and supporting 300,000 jobs, why ban it?
The answer isn’t public safety. It’s market control.
The Alcohol Industry Connection
Mitch McConnell has deep ties to the alcohol industry, which has lobbied heavily against hemp and cannabis products.
Why? Studies show that when people use hemp or cannabis products, they drink less alcohol and use fewer opioids.
Hemp-derived THC drinks and gummies directly compete with beer, wine, and spirits. By banning hemp products, the alcohol industry eliminates a legal, safer alternative that’s cutting into their market share.
The Cannabis Industry Is Also Pushing the Ban
State-licensed marijuana dispensaries and producers also lobbied for this ban. Hemp-derived THC products are direct competition to expensive, heavily-taxed marijuana products.
By banning hemp cannabinoids, they eliminate competitors and force consumers into the higher-taxed, state-regulated marijuana market.
This isn’t about safety. This is about eliminating competition.
What Does the Ban Actually Do?
Let’s be clear about what the 0.4mg THC limit means in practice:
Products That Would Be Banned:
- CBD flower (even non-intoxicating hemp flower exceeds the 0.4mg limit per container)
- Delta-8 THC products (gummies, drinks, vapes)
- Delta-9 THC products derived from hemp (drinks, edibles, tinctures)
- Delta-10, THC-O, THC-P, HHC and other hemp-derived cannabinoids
- Full-spectrum CBD products with trace THC (most CBD oils, tinctures, and edibles)
- Hemp beverages containing cannabinoids
Why 0.4mg Is Impossible:
- A single Delta-9 THC gummy (5mg per serving) would need to be reformulated to 0.4mg total per container—making it completely ineffective
- A bottle of CBD oil naturally containing trace amounts of THC would be illegal if the total exceeds 0.4mg
- Even CBD flower won’t comply because a single gram naturally contains more than 0.4mg total THC
This isn’t a safety standard. It’s a ban.
What the American Hemp Protection Act Does NOT Include (Yet)
Here’s an important limitation: The bill as currently drafted simply repeals the ban. It does not include the “common-sense regulatory framework” Mace promised.
In other words:
- ✅ The bill removes the 0.4mg THC limit
- ❌ The bill does not create new safety regulations, age restrictions, testing requirements, or labeling standards
Mace has pledged to work on comprehensive regulation, but that language is not yet in the bill.
What Regulation Could Look Like
The hemp industry wants regulation. A common-sense framework could include:
- Age restrictions (21+)
- Testing requirements (safety, potency, contaminants)
- Labeling standards (clear ingredient lists, dosage, warnings)
- Packaging requirements (child-resistant, tamper-proof)
We don’t oppose regulation. We oppose prohibition.
Will the American Hemp Protection Act Pass?
That’s the $28 billion question.
The Challenges:
- Mitch McConnell’s influence: Even in retirement, McConnell’s final legislative push carries weight with Senate Republicans
- Alcohol industry lobbying: Big alcohol has deep pockets and will fight to keep hemp products banned
- State marijuana industry opposition: Licensed cannabis companies want hemp competition eliminated
- Timing: The ban doesn’t take effect until November 2026, which may reduce urgency
The Opportunities:
- Bipartisan support: Hemp legalization in 2018 had broad bipartisan backing. This could too.
- Economic impact: 300,000 jobs and $28 billion in economic activity is hard to ignore
- State pushback: States with thriving hemp industries (Kentucky, Texas, Utah, South Carolina) will pressure their representatives
- Consumer demand: Tens of millions of Americans use hemp products for sleep, pain, anxiety, and wellness
- Rand Paul’s opposition: Paul’s fierce criticism of the ban shows not all Republicans support McConnell’s move
The reality: This fight will come down to grassroots pressure. Congressional offices need to hear from constituents that the hemp ban is unacceptable.
What Happened in Other States?
We’ve seen this playbook before. California passed a similar hemp ban earlier in 2025, setting a 0.3mg THC limit per package. The result:
- 115+ businesses closed in the first few months
- Thousands of jobs lost
- Products pulled from shelves statewide
- Consumers forced into unregulated black markets or expensive state-licensed marijuana dispensaries
The federal ban would do this nationwide.
Every state—even those with well-regulated hemp markets—would see their industries destroyed. States cannot opt out of federal law.
What You Can Do Right Now
The hemp ban takes effect November 13, 2026. We have one year to fight back—but only if we act immediately.
1. Contact Your Representatives
Tell your Senators and House members you support the American Hemp Protection Act and oppose the hemp ban.
It takes 60 seconds.
Find your representatives and take action →
Key Points to Make:
- The 0.4mg THC limit is a ban, not regulation
- 300,000 jobs are at risk
- A $28 billion industry will be destroyed
- Your state’s economy will suffer
- Support Nancy Mace’s American Hemp Protection Act
- Demand regulation, not prohibition
2. Share This Information
Most Americans don’t even know this ban exists. The more people who understand what’s happening, the more pressure Congress will feel.
Share this article. Post on social media. Tell your friends.
3. Contact Them Regularly
One email isn’t enough. Congressional offices need to hear from constituents repeatedly.
Set a reminder to contact your representatives monthly until the ban is repealed.
4. Sign the Petition
Add your voice to the national petition to save hemp.
5. Support Nancy Mace
If you live in South Carolina’s 1st District, thank Rep. Mace for standing up for hemp.
If you don’t, ask your representative to co-sponsor the American Hemp Protection Act.
The Bottom Line
Nancy Mace’s American Hemp Protection Act of 2025 is a critical piece of legislation that could save:
- 300,000 American jobs
- A $28 billion industry
- Tens of millions of consumers’ access to legal hemp products
- Farmers’ livelihoods across the country
- State economies that have invested in hemp
But the bill won’t pass without public pressure.
Congress needs to hear from you.
The hemp ban is not about public safety—it’s about eliminating competition for the alcohol and marijuana industries. It’s prohibition disguised as regulation.
And it can still be stopped.
Contact your representatives. Support the American Hemp Protection Act. Save hemp. →
Sources
- New GOP-Led Bill In Congress Would Reverse Hemp THC Ban That Trump Signed Into Law - Marijuana Moment
- Nancy Mace files legislation to strike hemp ban tucked into funding bill - Washington Examiner
- New Law Tightens Hemp Regulations, Threatening 300,000 Jobs - U.S. News
- Congressional hemp restrictions threaten $28 billion industry - CNBC
- McConnell, Paul clash over Senate provision that critics say will destroy US hemp industry - LPM
- Hemp industry warns provision in the government funding bill will kill $30B market - NPR
Have questions about the American Hemp Protection Act? Want to get involved in the fight to save hemp? Contact us here.