Nonprofit urges Congress to keep federal hemp-THC law intact as FY27 Continuing Resolution is negotiated
SIOUX FALLS, S.D. — Emily’s Hope is calling on Congress to reject any effort to delay or weaken Public Law 119-37, the federal law that closed the so-called hemp loophole, as lawmakers consider the FY27 Continuing Resolution.
Congress passed Public Law 119-37 in November 2025 after years of intoxicating hemp-derived THC products being marketed and sold nationwide as legal hemp. The law set a threshold of 0.4 milligrams of total THC per container and gave the industry a full year to comply before the measure takes effect November 12, 2026.
Now, with that deadline approaching, some lawmakers are considering CR language that would delay implementation or redefine the threshold entirely, including a proposal that would allow up to 3 milligrams of THC per serving under the label of full-spectrum CBD.
Emily’s Hope Founder and CEO Angela Kennecke has been engaging directly with Senate Majority Leader John Thune’s office and South Dakota Attorney General Marty Jackley, who is President-Elect of the National Association of Attorneys General, to press for the law to remain intact.
“This isn’t about hemp farming. It’s about whether products marketed to look like candy and sold with no age verification stay on the shelf,” said Kennecke.”Congress already did the work to fix this. We’re asking them not to undo it.”
The scale of the intoxicating hemp market has raised questions about where the supply is actually coming from. U.S. hemp farmers produced approximately 20.8 million pounds of usable biomass in 2024, according to industry figures, while the intoxicating hemp market is valued at an estimated $28.4 billion. Supplying that market would require an estimated 5.68 billion to 11.36 billion pounds of biomass, a gap of 273 to 546 times actual domestic production. States with the largest intoxicating hemp markets, including Texas, California, Michigan and New York, grow little to no hemp.
The supply chain has also drawn national security concerns. Former Acting Homeland Security Secretary Chad Wolf has told the House Select Committee on the Chinese Communist Party that Chinese-linked criminal organizations have infiltrated the hemp supply chain, a concern echoed in the White House’s 2026 National Drug Control Strategy.
Jackley’s office indicted five smoke shop owners across South Dakota last September after a sting operation found illegal marijuana and chemically modified hemp products being sold as legal hemp. Jackley said at the time the products were not agricultural goods, but items clearly packaged to appeal to kids.
Emily’s Hope is a member of the Community Anti-Drug Coalitions of America, or CADCA, which organized a national sign-on letter opposing delay of Public Law 119-37. That letter was signed by 107 organizations. Emily’s Hope is calling for the loophole to remain closed.
About Emily’s Hope
Emily’s Hope is a nonprofit organization working to eliminate the stigma surrounding substance use disorder and to save lives through evidence-informed education, compassionate support, and financial assistance for recovery. Founded by award-winning journalist Angela Kennecke after the tragic overdose death of her daughter Emily, the organization has become a national voice for prevention and hope. Emily’s Hope offers a K–12 substance use prevention curriculum used across the country, the Grieving Out Loud podcast, and on-the-ground initiatives such as naloxone distribution, a Post-Overdose Response Team, and a Youth Prevention Coalition in South Dakota. The organization also provides treatment scholarships to help individuals access care. Learn more about Emily’s Hope at emilyshope.charity.
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