U.S. Sen. Katie Britt (R-Montgomery) is vowing to continue her fight against a “dangerous loophole” that allows certain hemp-derived THC products to be marketed to children.
Britt joined 31 of her Senate colleagues in opposing an effort to delay closing the loophole that allowed hemp-derived THC gummies, vapes, and smokables to be marketed and sold to children. This loophole was set to close in November but will now remain open, allowing products to remain available without restriction for an additional month.
Alabama’s senators were split on the amendment. While Britt joined Budd’s effort to keep the original Nov. 12 deadline, U.S. Sen. Tommy Tuberville (R-Auburn) voted with the bipartisan majority — including U.S. Sens. Ted Cruz and Cindy Hyde-Smith — to table it.
Tuberville’s vote lines up with industry groups like the U.S. Hemp Roundtable, which called the delay “critical breathing room” for farmers and small businesses while Congress works out a long-term fix.
U.S. Sens. Ted Budd (R-N.C.) and Pete Ricketts (R-Neb.) led the effort in the Senate.
“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,” Britt said.
“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.”
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 Saturday, would instead extend the loophole to December 11, 2026. 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 at the last minute. Britt and her colleagues opposed the motion to table. The continuing resolution, which extends the loophole, will now go to the House of Representatives.
“Just last year, the Senate voted overwhelmingly to close the loophole that allowed these products to flood the market,” Britt continued. “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.”
Several conservative organizations praised Britt for her efforts.
“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.
Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on X @Yaffee
