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"Recriminalizing hemp will force American farms and businesses to close and disrupt the well-being of countless Americans who depend on hemp," warned one critic.
Advocates for hemp on Wednesday decried a provision of the Republican government funding law signed by President Donald Trump that tightens restrictions on the versatile plant—a move critics say will devastate a $30 billion industry.
The new restrictions set a stricter limit on the amount of tetrahydrocannabinol (THC)—the psychoactive chemical in cannabis—in order to close a loophole that allowed for the sale of unregulated food and beverages containing intoxicating hemp-derived compounds.
Twenty-two Democratic senators—including advocates for legal recreational or medical marijuana—joined almost all Republicans in voting against an amendment introduced by Sen. Rand Paul (R-Ky.) to strip out the restrictions from the final bill. Sen. Ted Cruz of Texas was the only other Republican to back Paul's effort.
"Our industry is being used as a pawn as leaders work to reopen the government," Jonathan Miller, general counsel for the US Hemp Roundtable, an industry group, warned ahead of the vote. "Recriminalizing hemp will force American farms and businesses to close and disrupt the well-being of countless Americans who depend on hemp."
Hemp—which is used in a wide range of products from clothing to construction materials to fuel, food, and biodegradable plastics—was legalized under the 2018 farm bill signed by President Donald Trump during his first term.
But lawmakers including Sen. Mitch McConnell (R-Ky.)—who backed the 2018 legislation—argued that cannabis companies are exploiting a loophole in the farm bill to legally manufacture products with enough THC to get consumers high.
Paul, however, ripped the provision, arguing in a Thursday Courier Journal opinion piece that it "destroys the livelihood of hemp farmers."
"This could not come at a worse time for our farmers," Paul wrote. "Costs have increased while prices for crops have declined. Farm bankruptcies are rising."
"For many farmers, planting hemp offered them a lifeline," he continued. "Hemp can be used for textiles, rope, insulation, composite wood, paper, grain, and in CBD products, and growing hemp helped farmers to mitigate the loses they’ve endured during this season of hardship."
Paul noted that "the provision that was inserted into the government funding bill makes illegal any hemp product that contains more than 0.4 milligrams of THC per container."
"That would be nearly 100% of hemp products currently sold," he said. "This is so low that it takes away any of the benefit of the current products intended to manage pain or other conditions."
Charles and Linda Gill have grown hemp on their family farm in Bowdoinham, Maine since the plant was legalized in 2018.
“We are not in the business of these intoxicating hemp products on the market, which are the ones that are screwing it up for everybody,” Charles Gill told Maine Morning Star's Emma Davis on Wednesday. “They’re abusing the system.”
“All our current products would be banned,” Gill said of the new restrictions. “It would pretty much put us out of business.”
Hemp defenders vowed to contest the new law.
"The fight isn't over," Hemp Industry & Farmers of America executive director Brian Swensen said on X after the law's passage.
"In 2018, President Trump and Congress legalized hemp, delivering more jobs and opportunities to American farmers and small businesses," Swensen said, adding that the restrictions "will devastate American farmers, business owners, veterans, and seniors."
"The hemp ban will also open up dangerous black markets for hemp and allow China to take over the entire hemp market," he added, claiming "it kills over 325,000 American jobs and destroys the industry."
"Congress needs to assert its constitutional power to prohibit use of military force," stressed one of the war powers resolution's co-sponsors.
As the Trump administration argues that it can continue its extrajudicial assassination spree of alleged drug runners on the high seas without congressional approval, the US Senate is set to vote Thursday afternoon on a bipartisan war powers resolution that would block military action against Venezuela absent lawmakers' assent—as required by law.
Last month, Sens. Tim Kaine (D-Va.), Rand Paul (R-Ky.), and Adam Schiff (D-Calif.) introduced a resolution to block US military "hostilities within or against Venezuela that have not been authorized by Congress," citing the War Powers Resolution of 1973 and Congress' sole ability to declare war under the Constitution.
Posting on X ahead of Thursday's vote, Schiff said that the measure's co-sponsors "are forcing a bipartisan vote to block the administration from dragging this country into war in South America."
"Congress needs to assert its constitutional power to prohibit use of military force," he added.
Trump has PUBLICLY threatened land strikes in Venezuela—after already killing at least 66 unknown people on boats in the Caribbean—unnecessarily putting the U.S. at risk of war. Here’s what @schiff.senate.gov, Senator Paul, and I are doing about it:youtube.com/shorts/TQKsF...
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— Senator Tim Kaine (@kaine.senate.gov) November 6, 2025 at 8:29 AM
Matt Duss, executive vice president of the Center for International Policy, a Washington, DC-based think tank, said Thursday that President Donald Trump "talks about himself as a historic peacemaker while continuing to order reckless military strikes and threatening to invade countries around the world."
"His actions violate both the Constitution and his own promises to be an anti-war president," he added.
This is the second time Kaine and Schiff have tried to introduce a Venezuela war powers resolution. Last month, Democratic Sen. John Fetterman joined his GOP colleagues in voting down a similar measure. Paul joined Democrats and Independent Sens. Bernie Sanders (Vt.) and Angus King (Maine) in voting for the legislation.
Since September 2, Trump has overseen 16 reported attacks on vessels allegedly transporting drugs in the Caribbean Sea and Pacific Ocean off the coast of South America, killing at least 67 people. Venezuelan and Colombian officials, as well as relatives of some of the slain men, assert that some victims were fishers and condemned the attacks as war crimes.
Trump—who deployed an armada of warships and thousands of troops off the coast of Venezuela—has also approved covert CIA action and, along with senior administration officials, threatened to attack targets on land inside the oil-rich country, which has long been subjected to US meddling, regime change, and deadly sanctions. Late last month, the government of Venezuelan President Nicolás Maduro said that his country’s security forces captured a group of CIA-aligned mercenaries engaged in a "false-flag attack" against the nation.
The War Powers Resolution of 1973—also known as the War Powers Act—was enacted during the Nixon administration at the tail end of the US war on Vietnam, Cambodia, and Laos to empower Congress to check the president’s war-making authority. The law requires the president to report any military action to Congress within 48 hours and mandates that lawmakers must approve troop deployments after 60 days.
That 60-day door closed on Monday. However, according to The Washington Post, Assistant Attorney General for the Office of Legal Counsel T. Elliott Gaiser told lawmakers this week that Trump is not bound by the War Powers Resolution, as the administration does not believe that the boat strikes legally meet the definition of "hostilities" because the victims of the attacks aren't fighting back.
The dubious argument that acts of US military aggression aren't hostilities isn't new—the Obama administration asserted similar immunity from the War Powers Resolution when it decided to attack Libya in 2011, leading to the ouster of longtime leader Muammar Gaddafi and over a decade of enduring conflict and division.
As Brian Finucane, a former State Department legal adviser who is now a senior official at the International Crisis Group, wrote for Just Security this week:
There are many flaws with the Trump administration’s reported interpretation of hostilities. As indicated in the legislative history, Congress understood the term “hostilities” to apply broadly, more broadly than “armed conflict.” The Obama administration’s prior attempt to restrictively interpret the term garnered strong bipartisan congressional opposition...
That the Trump administration would resort to creative lawyering to circumvent the limits of the War Powers Resolution is hardly a surprise... It nonetheless is yet another legal abuse and arrogation of power by the executive. And it is a power grab in the service of killing people outside the law based solely on the president’s own say-so.
"Congress needs to push back against this attempt by the White House to further encroach upon its constitutional prerogatives on the use of military force," Finucane added. "The legislative branch should reject the executive’s strained legal interpretation of the War Powers Resolution, including possibly in legislation. Congress should also continue efforts to halt these killings at sea and block an unlawful attack on Venezuela."
"Congress has not authorized military force against Venezuela," said Sen. Adam Schiff. "And we must assert our authority to stop the United States from being dragged—intentionally or accidentally—into full-fledged war."
With President Donald Trump floating potential military action within Venezuela and authorizing operations by the Central Intelligence Agency after launching several deadly strikes on boats near the South American country, three lawmakers from both sides of the aisle on Friday said they would force a new vote on blocking the White House from carrying out an attack there.
Sens. Tim Kaine (D-Va.) and Adam Schiff (D-Calif.) last week introduced a measure to rein in Trump's bombing of boats in the Caribbean, which the White House has claimed are being used to traffic drugs into the US and present an imminent threat.
The measure failed, with one Democrat, Sen. John Fetterman (Pa.) joining most of the GOP in opposing it and two Republicans, Sens. Rand Paul (Ky.) and Lisa Murkowski (Alaska), supporting it.
Kaine and Schiff on Friday were reportedly hoping that a new bipartisan measure, introduced with Paul, would garner more support from the Republicans.
They said they would force a vote on a war powers resolution to block the use of force by US troops "within or against" Venezuela unless it was "explicitly authorized by a declaration of war or specific authorization for use of military force."
The 1973 War Powers Act requires Congress to consider and vote on resolutions regarding a president's power to enter an armed conflict without congressional authorization.
"Congress has not authorized military force against Venezuela. And we must assert our authority to stop the United States from being dragged—intentionally or accidentally—into full-fledged war in South America," said Schiff.
"Americans don’t want to send their sons and daughters into more wars—especially wars that carry a serious risk of significant destabilization and massive new waves of migration in our hemisphere."
The lawmakers announced the resolution as it was reported that two survivors of the military's most recent drone strike on a boat have been detained by US forces, with legal experts questioning whether they are prisoners or war or criminal suspects.
The White House has insisted it is acting within its rights to defend US security by striking boats it believes are carrying drugs—even as details have emerged calling into doubt the allegations that the vessels pose a threat.
Venezuela is not a significant source of drugs that are trafficked into the US—a fact that Secretary of State Marco Rubio dismissed when a reporter brought it up soon after the military began bombing boats, at least six of which have been struck so far. At least 27 people have been killed, and the grieving family of one victim spoke out Thursday and said they had not been involved in drug trafficking.
Even if the vessels were carrying illegal substances, legal experts and critics in Congress have stressed in recent weeks that they should be dealt with, as in the past, by federal law enforcement agencies, as Congress has not authorized military action against Venezuela or drug cartels.
“The American people do not want to be dragged into endless war with Venezuela without public debate or a vote," said Paul. "We ought to defend what the Constitution demands: deliberation before war."
Kaine told reporters on Thursday the Congress' knowledge of legal rationale for the boat strikes amounts to “a complete black hole."
Meanwhile, Trump has suggested this week he could further escalate attacks on Venezuela, saying the Caribbean Sea is "very well under control"—even though Vice President JD Vance has joked that the US could accidentally strike fishing boats in its operations there.
"We are certainly looking at land now," Trump said Wednesday.
Kaine said he was "extremely troubled that the Trump administration is considering launching illegal military strikes inside Venezuela without a specific authorization by Congress."
"Americans don’t want to send their sons and daughters into more wars—especially wars that carry a serious risk of significant destabilization and massive new waves of migration in our hemisphere,” said Kaine. “If my colleagues disagree and think a war with Venezuela is a good idea, they need to meet their constitutional obligations by making their case to the American people and passing an authorization for use of military force."
"I urge every senator to join us in stopping this administration from dragging our country into an unauthorized and escalating military conflict," said the senator.
The New York Times reported that Sen. Todd Young (R-Ind.) could potentially join the effort to pass the war powers resolution after voting against last week's measure, which he said was too broad.
"I am highly concerned," Young said after the vote last week, "about the legality of recent strikes in the Caribbean and the trajectory of military operations without congressional approval or debate and the support of the American people."