U.S. Senator Katie Britt Votes to Permanently Close Dangerous Hemp Loophole Targeting American Children, Vows to Continue Fight

WASHINGTON, D.C. — U.S. Senator Katie Britt (R-Ala.) joined 31 of her Senate colleagues in opposing an effort to delay closing the dangerous “hemp loophole” that allowed intoxicating hemp-derived THC gummies, vapes, and smokables to be marketed and sold to children in an unregulated manner. This loophole was set to close in November but will now remain open, allowing these products to remain available without restriction for an additional month.  Senators Ted Budd (R-N.C.) and Pete Ricketts (R-Neb.) led the effort in the Senate. Last November, Congress passed a bipartisan appropriations bill which redefined hemp to prohibit intoxicating hemp-derived THC products, including lab-made Delta 8. Congress provided the industry a one-year runway to comply, with the regulation set to take effect on November 12, 2026. The continuing resolution, which passed the Senate earlier today, would instead extend the loophole to December 11, 2026. Senator Budd offered an amendment to strike this extension and simply maintain the prior deadline, but a Democrat-led motion to table his amendment was passed just after 3am EST. Senator Britt joined 31 of her colleagues opposing the motion to table. The continuing resolution, which extends the loophole, will now go to the House of Representatives. “I proudly supported Senator Budd’s amendment to prevent an extension of the dangerous loophole that allows unregulated, intoxicating hemp-derived THC products to enter our homes and schools. I strongly opposed the Democrats’ motion to table this critical amendment because protecting our children cannot wait. It is unacceptable that these dangerous, intoxicating substances that pose a serious threat to the health and safety of our children can be purchased so easily in many retail stores with little or no age verification. “Just last year, the Senate voted overwhelmingly to close the loophole that allowed these products to flood the market. We should not undo that progress. This fight is not over. I will continue working to advance policies that protect our next generation and keep these dangerous products out of their hands,” said Senator Britt. “Family Research Council is thankful for Senator Britt’s efforts to protect children from these dangerous drugs. Delta-8 THC, a synthetic cannabinoid derived from the hemp plant, is identical to Delta-9 THC, the psychoactive component of marijuana and therefore carries many of the same risks, including intoxication, addiction, and psychosis. Congress voted to make these definition changes and provided producers with ample time to prepare. There is no reason to delay.  Congress must follow through and close the hemp loophole, protecting our kids and all Americans,” said Tony Perkins, President of the Family Research Council. “Eagle Forum of Alabama applauds Sen. Katie Britt for standing up for children and voting to keep alive the effort to close the dangerous hemp loophole. Although there were not enough votes in the Senate to move the measure forward, Senator Britt stood firm in protecting children from intoxicating THC products. We are grateful for her leadership on this important issue,” said Becky Gerritson, Executive Director of Eagle Forum of Alabama. “Senator Katie Britt deserves immense credit for standing firm in defense of children and families. Unregulated, intoxicating hemp-derived products pose an unacceptable risk when they are packaged, marketed, and sold with zero oversight directly to minors. By joining Senator Budd to fight for closing this dangerous loophole, Senator Britt is demonstrating true leadership. We must continue to prioritize child safety over industry loopholes; API stands proudly with Senator Britt in this crucial fight to keep dangerous substances out of our homes and schools,” said Stephanie Smith, President and CEO of the Alabama Policy Institute. Data from emergency departments across the United States show an estimated 461% increase in pediatric cannabis poisoning cases presenting to hospitals between 2018 and 2023. About 91% of the affected patients were children aged 4 years or younger, and roughly 45% of children aged 0 to 11 treated for these poisonings required hospital admission. 78% of identified products were cannabis edibles, primarily gummies. In 2022, a 4-year-old in Virginia died after overdosing from a jar of THC gummies purchased from a local gas station. ###