GREAT FALLS — The recent passage of legislation to reopen the federal government has left Montana's hemp industry in limbo, as the bill contains language that could effectively shut down most hemp-derived products.
The legislation would ban most hemp products containing THC levels exceeding 0.4 milligrams per container, which includes most non-intoxicating hemp products currently on the market. Federal hemp legalization originally resulted from a loophole in the 2018 Farm Bill.
Tim McGonigal reports - watch the video:
However, industry leaders see hope in a one-year moratorium built into the measure, which gives the hemp sector time to mobilize and work with lawmakers to establish a federal framework for these products.
Pat Farrell, who runs Big Sky Scientific in Sun River, pointed to strong public support of the industry in the form of a poll taken by McLaughlin & Associates.
"Over 72% of Americans don't want a ban on consumable hemp products. It was bipartisan. It was multiracial. It was religious, non-religious. It was across different age groups, hero households with first responders, policemen and veterans," said Farrell.
Farrell's company, which employs more than 40 people, extracts CBD from hemp supplied by farmers. The CBD is then sold to manufacturers who create retail non-intoxicating products ranging from treatments for inflammation to anxiety to sleep aids.
The potential ban also threatens Montana's hemp producers, who rely on the crop for income diversification during times of unstable commodity prices.
"But to be able to put in 50 acres and have that option, you know, and have it boost your overall overall farm income. I mean, 50 acres to some of these places is nothing, but it's a it could be a big financial boost when we have $4 wheat or we have $5 wheat and a bad year that traditional crops don't do as well," said Derek Gustafson, a hemp farmer.
According to the U.S. Hemp Roundtable, Republican Representative Morgan Griffith of West Virginia is planning to soon introduce a bill that would replace a total ban with robust regulation of hemp products.
From Scripps News Group, November 12, 2025:
The U.S. Senate has passed legislation to reopen the federal government that also includes a ban on intoxicating hemp beverages.
The provision, added by Senate Republican Leader Mitch McConnell, closes what he calls a “hemp loophole” in the 2018 Farm Bill. The new rules prohibit Delta-8 products and other synthetic hemp items containing more than 0.3% THC.
The Food and Drug Administration says THC has psychoactive and intoxicating effects. The FDA said concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol.
Delta-8-THC can be consumed in many different ways, including in edible products. Because of how Delta-8 is made, it can be seen as a legal alternative to marijuana.
Kentucky Sen. Rand Paul sought to strip the language from the bill, arguing it would hurt Kentucky farmers. Paul was the only Republican to vote against the bill to reopen the government.
The ban will not take effect for one year, allowing time for possible changes.
The convenience store industry has opposed the measure, voicing support for regulation of the products instead of an outright ban.
“It is unfortunate that the Senate decided to ban, rather than regulate, intoxicating hemp beverages,” said Jon Taets, director, government relations at NACS. “We have found across many product categories that prohibition doesn’t work. Sound regulation allowing responsible retailers to sell these products is a better approach and we will continue to work with the Congress toward an outcome that works for the industry.”
