The Swamp Strikes Back: D.C. Sneaks Hemp Ban That Hits Texas Farmers First
After forty-one days of furloughs, stalled paychecks, and shuttered government offices, the U.S. Senate late Monday finally passed H.R. 5371, the Continuing Appropriations and Extensions Act, 2026, ending the longest government shutdown since 2018. But hidden deep inside the stopgap spending bill that reopens Washington lies a provision that may devastate one of America’s fastest-growing agricultural and manufacturing industries—the hemp market.
What was meant to keep the lights on in D.C. may soon snuff out the livelihoods of hundreds of thousands of farmers, processors, and small business owners across the country.
A Hidden Sting in a Lifeline Bill
The Senate approved the measure by a 60-40 vote just before midnight on November 10, ensuring that federal agencies would receive temporary funding through January 30, 2026. On paper, the legislation restores pay to federal workers, secures funding for food assistance programs, and prevents further disruptions to air travel and the military.
But tucked among those spending provisions is language that rewrites federal hemp law—with implications few Americans realize. The so-called “hemp loophole,” which since 2018 has allowed hemp-derived THC products such as delta-8 and delta-10 to be sold legally in most states, has now been effectively closed.
Under H.R. 5371, any consumable product exceeding 0.4 milligrams of total THC per serving, a threshold so low that it disqualifies nearly every existing hemp-derived THC product, will be banned nationwide. The restriction applies to edibles, beverages, tinctures, vapes, and even topicals marketed for personal or household use. Only non-intoxicating CBD and industrial hemp for fiber or seed will remain exempt.
“This Isn’t Regulation—It’s Eradication”
Within hours of passage, hemp producers across the country flooded social media with outrage. Jim Higdon, co-founder of Cornbread Hemp, called the bill “a declaration of war against an entire American industry.” Farmers in Kentucky, Tennessee, Texas, and North Carolina—many of whom had transitioned from tobacco or cotton to hemp after the 2018 Farm Bill—now face the prospect of bankruptcy.
“This isn’t regulation,” said one Texas grower, J. L., who runs a small hemp processing facility near Waco. “It’s eradication. The federal government just made my business illegal overnight.”
Industry analysts estimate the decision could wipe out more than $10 billion in annual economic activity and eliminate up to 400,000 jobs, many of them in rural communities that have few other viable cash crops… all for nothing more than a two and a half month continuing resolution. Poof. It’s all gone.
A Battle Between the Bluegrass and the Beltway
Ironically, the most heated debate came not from Democrats but from within the Republican Party. Senator Rand Paul (R-KY) staged a procedural delay to block the bill, warning that the hemp provision would “obliterate” Kentucky’s hemp farmers—many of whom had relied on federal assurances since 2018 that hemp was a lawful, profitable crop.
But Paul’s effort failed. His amendment to strike the ban was tabled 76–24 after intense lobbying from Senate leadership, including Mitch McConnell, the same Kentucky senator who had shepherded hemp legalization into the 2018 Farm Bill.
McConnell, once hailed as the industry’s patron, has since become one of its fiercest critics. He now argues that the “unintended consequences” of hemp legalization—chiefly the unregulated sale of psychoactive THC derivatives in gas stations and convenience stores—have created a public health crisis.
Paul, in floor remarks before the vote, shot back that McConnell’s about-face “betrays the very farmers he once claimed to champion.”
The Texas Angle: Cruz and Cornyn Back the Ban
Both Texas Senators, Ted Cruz and John Cornyn, voted in favor of H.R. 5371. Their “Yea” votes helped secure the 60-vote threshold needed to end the shutdown—and, in doing so, endorsed the controversial hemp restrictions which has put thousands of Texas farmers out of business.
The move stunned many Texas growers who had looked to Cruz and Cornyn as defenders of market freedom and state-level autonomy. “It’s disappointing,” said one Central Texas farmer who shifted to hemp after drought destroyed his corn crop in 2023, according to High Times Magazine. “They talk about fighting big government, but this was Washington picking winners and losers. And we just lost.”
The Political Chess Behind the Hemp Ban
Supporters of the ban, including Texas Lieutenant Governor Dan Patrick and a bipartisan coalition of 38 state attorneys general, claim the new restrictions are necessary to curb youth access to intoxicating products that have flooded the market. Patrick had previously pushed for similar restrictions in Texas under Senate Bill 3, which was vetoed by Governor Greg Abbott earlier this year.
But critics suggest corporate money and political convenience played as large a role as public safety.
Documents reviewed by industry watchdogs show major beer and spirits lobbies have quietly funneled campaign donations to lawmakers who supported the hemp restrictions. Hemp-infused seltzers and THC beverages have been eating into alcohol sales, and the new federal limit—0.4 mg per serving—essentially eliminates that competition.
“The alcohol lobby couldn’t regulate us out of existence at the state level,” said Higdon, “so they went to Washington.”
Economic Fallout Already Underway
The hemp sector, which ballooned from a niche market to a $30 billion industry in just seven years, now faces a regulatory cliff. Distributors and manufacturers that invested heavily in delta-8 and delta-10 production facilities may be forced to shutter within months.
“We’ll lose 70% of our revenue,” said C. M., owner of a hemp beverage company in Austin. “We employ local people. We pay taxes. Now Washington has lumped us in with drug cartels.”
Even as markets reel, state officials warn of ripple effects far beyond small business closures. Texas Agriculture Commissioner Sid Miller, who has supported hemp as a diversification crop, said in a statement that “federal overreach like this punishes responsible farmers and rewards black markets.”
The ban’s 90-day implementation window gives agencies until February 2026 to issue enforcement rules. The FDA and DEA will jointly determine which cannabinoids are deemed “naturally occurring” and which are prohibited. Businesses caught in the gray area could face criminal penalties for noncompliance.
Political Consequences on the Horizon
Strategists are already warning that the move could alienate younger and libertarian-leaning voters ahead of the 2026 midterms. A Gallup poll from November 2025 found that only 40% of Republicans still support marijuana legalization, but nearly 70% of voters under 40 favor looser restrictions on cannabis and hemp.
“The GOP just handed the Democrats a culture-war gift,” one Republican campaign consultant said privately. “You can’t preach free markets and then destroy an entire industry because a beer company made a few phone calls.”
Still, the political establishment appears unmoved. President Trump has not publicly commented on the hemp ban but is expected to sign H.R. 5371 into law, given his administration’s emphasis on “law and order” and curbing intoxicating products.
The Road Ahead
The House is expected to approve the bill swiftly, eager to claim credit for ending the shutdown before Thanksgiving. Once signed, the hemp restrictions will take effect within three months, leaving the industry little time to adjust.
In Kentucky, Texas, and dozens of other states, warehouses filled with unsold hemp beverages and gummies may soon become evidence in federal enforcement actions.
What began in 2018 as a bipartisan success story—an effort to revive rural economies and replace illicit markets with legitimate commerce—has ended in yet another cautionary tale of Washington politics.
The Senate’s passage of H.R. 5371 may reopen the government, but in doing so, lawmakers—including both Texas senators—have closed the door on a generation of American entrepreneurs who staked their livelihoods on the promises of deregulation and innovation.
For them, the lights in Washington may be back on—but the future of the Republican Party just went dark.
Election
$100 Million, No Winner: Cornyn and Paxton Head to High-Stakes Texas Senate Runoff
Cost per Vote Calculated
TEXAS – After more than $100 million in political warfare, Texans woke up Wednesday morning to a simple reality, the Republican primary for U.S. Senate is not over. In fact, it may have only reached halftime.
Incumbent U.S. Sen. John Cornyn and Texas Attorney General Ken Paxton are now headed to a runoff election after neither candidate secured the majority required to win outright in Tuesday’s Republican primary. The contest, widely described as the most expensive Senate primary in American political history, will now stretch another two months before Republican voters decide the nominee.
As of publication, with roughly 94 percent of the vote counted, Cornyn held a narrow lead with 41.9 percent of the vote, totaling 897,187 ballots. Paxton followed closely with 40.7 percent, receiving 871,672 votes. U.S. Rep. Wesley Hunt finished third with 13.5 percent, or 289,403 votes.
Under Texas election law, a candidate must receive more than 50 percent of the vote to win a primary outright. When no candidate crosses that threshold, the top two candidates advance to a runoff election. That runoff is scheduled for May 26.
The results guarantee an extended political showdown between two figures representing sharply different visions of Republican leadership.
Paxton addressed supporters Tuesday night during an election watch event in Dallas hosted by the pro-Paxton Lone Star Liberty PAC. The attorney general framed the outcome as a rejection of the political establishment and a signal from grassroots voters across Texas.
“Together with your support, we just sent a message loud and clear to Washington,” Paxton told the crowd. “Texas is not for sale.”
Paxton also pointed to the massive financial disparity between the campaigns, arguing that despite overwhelming spending by groups aligned with the incumbent senator, Republican voters still rejected the status quo.
“Nearly 60 percent of Texas voters, who have known Cornyn for over 40 years, after hearing $100 million worth of ads, chose to vote against the incumbent,” Paxton said. “That’s historic.”
Cornyn did not host an election night event but briefly addressed reporters Tuesday evening as the vote count continued.
“I’ve worked for decades to build the Republican Party, both here in Texas and nationally,” Cornyn said. “I refuse to allow a flawed, self-centered and shameless candidate like Ken Paxton risk everything we’ve worked so hard to build over these many years.”
Cornyn’s campaign has consistently argued that Paxton represents a risk to the Republican Party’s electoral prospects, while Paxton’s supporters have framed the race as a battle between grassroots conservatives and Washington insiders.
Cornyn campaign spokesman Matt Mackowiak previously told reporters that the campaign would not hold an election night celebration because the team does not “do halftime parties.”
The Cost of Each Vote
The financial dynamics of the race reveal an even more striking contrast between the campaigns.
Based on available spending figures tied to advertising and campaign messaging efforts, Cornyn’s political operation and allied groups spent roughly $70 million supporting his campaign. Paxton’s campaign and aligned efforts spent approximately $4.1 million, while Hunt’s campaign spending totaled about $11.4 million.
When those spending totals are compared with the number of votes received, the results highlight a dramatic difference in campaign efficiency.
- Cornyn’s spending equates to roughly $78.02 per vote, calculated by dividing $70 million by his 897,187 votes.
- Paxton’s campaign achieved nearly the same vote total at dramatically lower cost, spending approximately $4.70 per vote to secure 871,672 votes.
- Hunt’s campaign, which finished third, spent about $39.39 per vote, based on $11.4 million in spending and 289,403 votes.
In practical terms, Paxton’s campaign proved vastly more efficient at converting dollars into voter support, achieving almost the same vote share as Cornyn while spending only a fraction of the money.
Political analysts say the spending gap reflects heavy financial involvement by national Republican organizations and establishment political committees seeking to defend the incumbent senator.
Despite that financial advantage, the spending did not produce the decisive victory many expected.
Instead, it produced a runoff.
What Comes Next
The May 26 runoff now becomes the defining stage of the race. Historically, Texas runoff elections attract significantly lower voter turnout than primary elections, meaning campaigns must rely heavily on organization, messaging, and targeted voter mobilization.
Both candidates are expected to intensify campaigning across the state in the coming weeks, focusing on grassroots engagement, media messaging, and turnout operations.
The runoff will determine which candidate ultimately represents the Republican Party in the general election.
Opinion
One candidate’s role in Tuesday’s outcome should not be overlooked.
Congressman Wesley Hunt finished a distant third, but his presence in the race likely ensured that Paxton would not get the 50% needed to secure the nomination and may have now handed the election over to Cornyn.
It matters because Texas runoff elections tend to favor the campaign with the deeper pockets and stronger political machinery…that’s Cornyn. Cornyn’s access to national Republican fundraising networks and establishment political organizations could translate into a powerful turnout operation. Ground operations, voter targeting, and aggressive get-out-the-vote campaigns often determine the winner when turnout drops.
Paxton, by contrast, will rely heavily on grassroots enthusiasm among voters who see his candidacy as a challenge to what they view as a disconnected Washington political class. Cornyn is deeply hated by the electorate. The only question is, do they hate him enough to come out for a 2nd time to vote against him?
Featured
Markets Plunge as Iran Conflict Escalates, But Oil Reality Tells a Different Story
New York, NY – Global markets convulsed at the opening bell, shedding billions in value as war headlines involving Iran ricocheted across trading floors from New York to Tokyo. Traders reacted swiftly, energy prices spiked, and the financial press warned of supply shocks rippling across the world economy.
According to reporting from The New York Times, major stock indices fell sharply amid intensified military activity tied to Iran. Exchanges in the United States, Europe, and Asia all registered significant losses. Oil futures climbed on fears that instability in the Persian Gulf could disrupt tanker traffic through the Strait of Hormuz, a critical shipping lane for global crude.
The downturn began early in the trading session as reports of expanded strikes circulated. Analysts cited by The New York Times described widespread panic selling, with algorithmic trading accelerating declines once volatility thresholds were breached. Technology and transportation stocks led losses. Defense firms saw modest gains as investors anticipated increased military spending.
Yet beneath the red ink and breathless headlines lies a critical fact often missing from early coverage.
Iran accounts for roughly 2 percent of the global traded oil supply. While it remains a member of the Organization of the Petroleum Exporting Countries, years of sanctions following the U.S. withdrawal from the Joint Comprehensive Plan of Action in 2018 have pushed much of its crude into what analysts call the “grey market.”
Rather than selling transparently on regulated exchanges, Iranian oil typically moves through ship-to-ship transfers, obscured tracking systems, and intermediary traders. China has been a principal buyer of these discounted barrels. Transactions often bypass Western financial clearing systems, making the supply less visible but still economically present.
In short, Iran’s oil is already marginal to formal global trading structures.
Markets nevertheless reacted as though a primary energy artery had been severed. The CBOE Volatility Index surged, reflecting investor anxiety. Safe-haven assets, including gold and U.S. Treasury bonds, drew inflows as portfolio managers sought shelter from geopolitical uncertainty.
Complicating the picture, U.S. military officials confirmed that American forces conducted strikes that neutralized Iran’s naval presence in the Gulf of Oman, according to public statements released by U.S. Central Command. Those operations reportedly destroyed multiple Iranian vessels operating in that theater, significantly degrading Tehran’s ability to threaten commercial shipping lanes in the immediate area.
While independent verification remains limited, the operational effect appears clear: Iran’s capacity to directly interfere with tanker traffic near the Strait of Hormuz has been substantially reduced in the short term.
Energy analysts note that the Strait, while strategically vital, is patrolled by multiple international naval forces. With Iran’s regional naval capabilities diminished, the probability of prolonged shipping disruption appears lower than early market reactions suggested.
Moreover, if sanctions enforcement tightens amid escalating hostilities, nations purchasing discounted Iranian crude may be compelled to source oil from legitimate, regulated markets instead of grey market channels. That shift would not remove supply from the global system. It would redirect demand toward transparent producers.
Historically, geopolitical shocks produce immediate price spikes followed by recalibration once traders assess actual supply data. During prior Middle East conflicts, oil markets often stabilized after initial surges, particularly when physical infrastructure remained intact.
Government officials in several countries have urged calm. At this stage, no confirmed long term production outages have been reported. Strategic reserves among major economies provide additional buffers against short term volatility.
Opinion
Financial markets dislike uncertainty, but they often overprice fear.
When a nation responsible for about 2 percent of global traded supply triggers worldwide selling, the reaction says more about investor psychology than structural fundamentals. Iran’s oil already circulates through shadow networks at discounted rates. If conflict constrains that channel further, buyers such as China would likely pivot toward lawful suppliers, strengthening formal markets rather than collapsing them.
The destruction of Iran’s naval presence in the Gulf of Oman, if sustained, further reduces the specter of prolonged maritime shutdowns. Shipping lanes do not appear poised for indefinite closure.
Panic selling generates drama. It does not automatically generate durable economic damage.
Investors would be wise to separate headlines from hard supply data. Markets tend to correct once reality asserts itself. And reality, at least for now, suggests the global oil system remains far more resilient than Monday’s selloff implied.
Featured
Appeals Court Greenlights Texas Law Banning Drag Shows for Children
SAN ANTONIO, Texas — The U.S. Court of Appeals for the Fifth Circuit has lifted a lower court injunction and allowed Texas’ Senate Bill 12 to take effect, clearing the way for enforcement of new restrictions on certain drag performances in venues where minors are present. The ruling reverses a federal district court’s earlier order that had blocked the law, concluding that Texas may regulate performances deemed “sexually oriented” when accessible to children.
The appellate decision represents a significant legal victory for state officials, including Attorney General Ken Paxton, who defended the statute as a child-protection measure. Opponents, including performers and civil liberties groups, argue the law infringes on constitutionally protected expression and disproportionately targets drag performers.
At the center of the legal fight is not merely drag as an art form, but how Texas defines “sexually oriented conduct” — a term embedded in existing state penal law and incorporated into SB 12.
What SB 12 Does
Senate Bill 12 amends Texas law to prohibit certain performances on public property or in the presence of minors if the performances include “sexual conduct,” as defined by state statute. The law does not use the word “drag” in its operative prohibitions. Instead, it applies to performances that appeal to the prurient interest in sex and involve specific forms of sexualized conduct.
Under the statute, a person commits an offense if they engage in a sexually oriented performance on public property or in the presence of an individual younger than 18 years of age. The law classifies violations as a Class A misdemeanor, with enhanced penalties for repeat offenders.
Supporters argue the statute mirrors longstanding restrictions on sexually explicit performances involving minors. Critics contend it was drafted in response to drag events and creates uncertainty for performers who do not engage in explicit conduct.
The Legal Definition of “Sexually Oriented”
Texas does not rely on a vague or novel definition. Instead, SB 12 draws from the Texas Penal Code’s existing terminology.
Under Texas law, “sexual conduct” includes:
- Sexual intercourse;
- Deviate sexual intercourse;
- Sexual contact; and
- The exhibition of the genitals, anus, or female breast below the top of the areola.
“Sexual contact” is further defined as any touching of the anus, breast, or genitals of another person with intent to arouse or gratify sexual desire.
Additionally, “deviate sexual intercourse” includes contact between the genitals of one person and the mouth or anus of another, or penetration of the genitals or anus with an object.
The statute’s application hinges not on costume or identity, but on whether a performance includes conduct that meets these statutory definitions and is intended to appeal to prurient interests.
In court filings, state attorneys emphasized that the law regulates sexually explicit conduct — not viewpoint or identity — and parallels restrictions already applied to strip clubs and adult cabarets.
The Fifth Circuit’s Reasoning
The Fifth Circuit panel concluded that the district court erred in issuing a sweeping injunction blocking the law before it could take effect. The appellate judges found that Texas demonstrated a substantial likelihood of success on the merits of its argument that the statute regulates conduct, not protected speech.
The court emphasized the state’s “compelling interest” in shielding minors from exposure to sexualized performances, particularly on public property.
While the panel did not issue a final ruling on every constitutional question raised, it determined that the lower court’s injunction was too broad at this preliminary stage.
The earlier district court ruling had found portions of the law unconstitutionally vague, suggesting performers might self-censor out of fear that ordinary drag performances could be prosecuted. The appellate panel, however, concluded that the statutory definitions were sufficiently grounded in established penal law.
The Plaintiffs’ Arguments
The lawsuit challenging SB 12 was filed by performers and advocacy organizations, including the ACLU of Texas. Plaintiffs argued the statute violates the First Amendment by targeting expressive conduct based on content.
They contended that drag is a form of theatrical and political expression protected under the Constitution, and that the law chills speech by creating ambiguity around what constitutes a violation.
In earlier hearings, plaintiffs asserted that drag brunches, Pride events, and theatrical performances could be swept into the law’s scope even if they contained no explicit sexual activity.
The Fifth Circuit did not definitively resolve those broader First Amendment questions but concluded that the challengers had not met the threshold to justify blocking enforcement statewide.
Paxton’s Response
Attorney General Ken Paxton hailed the ruling as validation of Texas’ authority.
In a statement following the decision, Paxton said the court affirmed Texas’ right to protect children from “sexually explicit performances.” His office argued throughout the litigation that the statute mirrors restrictions long upheld by courts when applied to adult entertainment establishments.
Paxton’s office has been active in defending a series of social policy measures in federal court, often before the Fifth Circuit, which has become a focal point for constitutional litigation involving Texas law.
What Happens Next
The law is now set to take effect in March 2026 unless further judicial intervention occurs. Plaintiffs may seek rehearing before the full Fifth Circuit or petition the U.S. Supreme Court for review.
In the meantime, venue owners and performers must evaluate their programming in light of the statutory language. Legal analysts note that enforcement will likely hinge on factual determinations about the content of specific performances.
For prosecutors, the burden will be to demonstrate that a performance involved conduct meeting the precise statutory definitions — not merely gender expression, theatrical exaggeration, or cross-dressing.
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