SIOUX FALLS, S.D. — The U.S. Senate has voted overwhelmingly to close the federal “hemp loophole,” marking a major victory for substance use prevention advocates, including South Dakota–based nonprofit Emily’s Hope.
As part of the deal to end the government shutdown, lawmakers passed a continuing resolution to keep the federal government operating through Jan. 30, 2026. That resolution includes a “minibus” package with three appropriations bills, among them the FY 2026 Agriculture Appropriations Act, which contains language officially closing the loophole created by the 2018 Farm Bill.
The new measure excludes hemp-derived THC and all other hemp-derived intoxicating substances from the legal definition of hemp, effectively ending the nationwide sale and distribution of products such as Delta-8, Delta-9 and Delta-10 THC that have proliferated in gas stations and convenience stores, often marketed to youth.
“This is a major public health win,” said Angela Kennecke, founder and CEO of Emily’s Hope. “These products have been harming young people and confusing families across the country. Congress finally took the action needed to protect our communities.”
Emily’s Hope joined CADCA (Community Anti-Drug Coalitions of America) and other public health organizations in recent weeks to urge Congress to retain the hemp-closing language in the final appropriations bill. Kennecke coordinated outreach with South Dakota to deliver letters of support to Majority Leader Sen. John Thune.
“South Dakota was one of the first states to recognize the dangers of chemically modified hemp products,” Kennecke added, referencing the 2024 state law banning Delta-8, Delta-9 and Delta-10 THC products. “We’re proud that our advocacy helped ensure that same level of protection is now on track to become federal law.”
CADCA, which has pushed for years to close the loophole, called the vote a “great victory” for prevention and public health. The bipartisan package now moves to the House before it can be signed into law by the President.
For background on South Dakota’s leadership in this issue, read more on Emily’s Hope:
