Dr. Mehmet Oz, administrator of the Centers for Medicare and Medicaid Services (CMS), is urging senators to vote against an amendment from Sen. Ted Budd (R-N.C.) that would allow a federal ban on most hemp-derived products to take effect in November. In a letter sent Friday, Oz said he has "grave concerns" about the measure.
The amendment comes as Congress weighs broader spending legislation and continues a years-long debate over how to regulate compounds derived from hemp — including CBD and intoxicating derivatives such as delta-8 THC — that were legalized under the 2018 Farm Bill. That law removed hemp from federal controlled substance regulation, but agencies have not established comprehensive oversight of most hemp-derived products intended for human consumption.
What the Left Is Saying
Progressives and Democratic lawmakers have generally favored regulatory frameworks over outright prohibitions on hemp-derived products. Some Democrats share Oz's concern that a broad ban could remove from shelves CBD and other non-intoxicating products used by patients managing pain, anxiety, and sleep conditions — including older adults covered by Medicare.
Consumer advocates aligned with the left argue that rather than banning an entire product category, Congress should direct agencies like the FDA to set safety standards for hemp-derived compounds. They note that an overly broad prohibition could also disrupt small farms and businesses in states where hemp cultivation has become a significant crop since 2018.
What the Right Is Saying
Budd and conservative supporters of the amendment argue that federal action is necessary because unregulated intoxicating hemp derivatives — particularly delta-8 THC and similar compounds — remain widely available, including to minors, without age restrictions or safety testing. They contend this loophole from the 2018 Farm Bill was never intended by Congress.
Supporters also frame the amendment as a states' rights measure, arguing that state governments should be able to restrict products within their borders even if federal agencies have not acted. For Budd's home state of North Carolina and others, they say, the lack of enforcement has left local authorities without clear legal tools to address complaints about these products.
What the Numbers Show
The 2018 Farm Bill removed hemp — defined as cannabis containing no more than 0.3 percent THC on a dry weight basis — from federal controlled substance regulation, opening a market for derivatives including CBD and intoxicating compounds produced through chemical conversion of hemp extracts.
Federal regulators have approved only one cannabis-derived pharmaceutical — Epidiolex, an FDA-approved medication for certain seizure disorders — while most other hemp-derived products sold as dietary supplements or food ingredients remain without formal federal approval. Specific vote counts on the Budd amendment were not immediately available; the measure is pending before the Senate as part of spending negotiations.
The Bottom Line
The Senate's decision on this amendment will determine whether federal enforcement against most hemp-derived products begins in November, a timeline that would affect manufacturers, retailers, and consumers nationwide. Oz's letter adds a prominent administration voice opposing the measure as currently written, while Budd and his allies argue inaction leaves unregulated intoxicating products available without oversight.
Watch for how the amendment fares on the Senate floor and whether sponsors adjust its scope to address concerns raised by CMS — a compromise could preserve access to non-intoxicating CBD while subjecting psychoactive hemp derivatives to new federal oversight.