WASHINGTON, D.C. — Last year, U.S. Sen. Mitch McConnell inserted language in the agriculture appropriations bill that would implement a near-total ban on all intoxicating hemp products.

Now, his cross-state colleague is seeking to put that decision in the hands of the states.

U.S. Sen. Dr. Rand Paul has introduced the Hemp Safety Enforcement Act, which would allow states and tribal governments to opt out of the ban by enforcing their own standards. The bipartisan bill is co-sponsored by Sen. Joni Ernst (R-Iowa) and Sen. Amy Klobuchar (D-Minn.).

“Half the states have already set up their own smart rules, THC limits, age restrictions, and safety standards that let hemp farmers grow, manufacturers innovate, and consumers stay safe,” said Dr. Paul. “Washington shouldn’t wipe out those efforts or destroy jobs and access to products that help our veterans, our elderly, and families across the country. This bill gives states the freedom to regulate hemp responsibly while keeping dangerous synthetics off the market and ensuring products can move freely between states.”

The bill seeks to protect a $28 billion industry that was borne out of an accident. When the 2018 Farm Bill legalized industrial hemp, it did so by legalizing hemp products that contained 0.3 percent or less of delta-9 THC. THC is the active drug that produces a high from marijuana. However, the bill did not regulate the amount of other types of THC, such as delta-8. That omission legalized the sale of intoxicating hemp products, such as vapes, gummies, drinks and candies.

Under the Hemp Safety Enforcement Act, states would be able to opt out of the ban, while leaving in place safeguards such as minimum age requirements and a ban on synthetic cannabinoids.

The bill has been endorsed by the Veterans of Foreign Wars of Kentucky, U.S. Hemp Roundtable, Hemp Beverage Alliance, Hemp Industry and Farmers of America, and Cornbread Hemp.

“From our perspective, a balance matters,” VFW Kentucky Commander Nicole Horseman said. “A full ban risks cutting off access and slowing down research at a time when we should be learning more about what actually helps veterans, not less. The Veterans of Foreign Wars has been clear at the national level that we support continued research and access to alternative treatments, and we see your legislation as being consistent with that goal.”

Without intervention, the ban on intoxicating hemp products will go into effect Nov. 12.