Podcast Summary: Truth in the Barrel – "Talking The Hemp Ban | Devil's Cut w/ Kerry Hinkle"
Date: March 10, 2026
Hosts: Amy McGrath, Denver Riggleman
Guest: Kerry Hinkle (Director of National Policy, Bayou City Hemp)
Theme: The history, challenges, and looming federal ban facing the hemp industry, with a focus on regulation, economic impact, and legislative pathways.
Episode Overview
This Devil’s Cut edition of "Truth in the Barrel" features Amy McGrath and guest expert Kerry Hinkle for a deep dive into the hemp industry’s past, present, and its uncertain future. The conversation covers hemp’s historical roots in Kentucky, the regulatory journey that followed its federal descheduling, the surge in consumer interest, and the existential threat posed by recent legislative action that could ban the industry. The episode offers a candid, inside-the-beltway perspective on policy, highlighting not only the business potential of hemp but also the struggles inherent in regulation gaps and political maneuvering.
Key Discussion Points and Insights
Hemp’s American and Kentucky Roots
- Historic Relevance:
- Denver (01:05): “Hemp is a crop that is deeply ingrained in the history of Kentucky. First planted in Danville in 1775... Kentucky led the country in hemp production... Henry Clay grew hemp on his farm.”
- Economic significance for Kentucky, especially with the transition from tobacco farming.
What is Hemp and Why Does It Matter?
- Uses and Benefits:
- Kerry (02:32): “Hemp is a supplement that helps people, usually with sleep, anxiety, pain... it’s just a natural alternative for a lot of folks.”
- Products evolve from simple oils to a wide range, including beverages, topicals, and capsules.
- Hemp as a possible alcohol alternative and wellness aid.
Regulatory Journey: 2014–2018 Pilot to Farm Bill Descheduling
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Policy Evolution:
- Kerry (04:28): “2014, we had a pilot program... 2018, they completely descheduled hemp. As long as it was under 0.3% of Delta 9 THC, you could grow this crop.”
- Enabled a major transition for Kentucky’s farmers, incentivized by federal support.
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Definition of Descheduling:
- Kerry (05:10): “By descheduling... you open up interstate commerce... research opportunities, and really you’ve created what’s now a $28 billion industry.”
- Loophole: Products can have varying levels of THC, resulting in a patchwork of regulation and product diversity.
- Milestone example: (06:40) “United Center in Chicago just announced they’re going to carry 5 milligram hemp THC beverages.”
The Regulatory Vacuum and Its Consequences
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Lack of FDA and Federal Guidance:
- Kerry (07:24): “The FDA commissioner at the time said, we do not have the ability to regulate hemp products under the current DSHEA law... Congress hasn’t been able to properly regulate...”
- Without federal rules, states and industry have self-regulated, but some politicians are responding to abuses by seeking complete bans.
- Looming deadline: November 13, 2026, could spell a functional ban on the industry.
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Risks of a Ban:
- Kerry (07:56): “It’s not like consumers are going to stop getting their hands on these products. It’s just going to funnel [trade] into the black market... hurt good operators.”
Good vs. Bad Actors
- Industry-Led Self-Regulation:
- Kerry (09:31): “We have third party testing, QR codes, ...showing you it’s been tested for heavy metals and microbials. We want to be good actors.”
- Contrast with bad actors, including illicit imports ("a lot from China"), and unregulated products appealing to children (“stonios,” fake Skittles/Oreos with high THC).
- Kerry (10:24): “We want to be in the United Center... if they continue to shine light on the bad actors rather than the 90% of us doing it the right way... it’s tricky to navigate.”
Regulation: Not Always Bad for Business
- Host Perspective:
- Amy (11:06): “A lot of people want to think of regulation as bad for business. That’s not necessarily true. You can't have a thriving business if people don't trust the product.”
- Hinkle’s View:
- The industry is actively lobbying for “harder” sales conditions—better standards protect legitimate business.
Who’s Driving the Ban? Competition with Alcohol
- Political and Economic Pressure:
- Kerry (12:21): "Discus is one of the trade associations. When the ban went through... they released a one pager in support of it. ...Folks are drinking less in part because I can go to Liquor Barn and get a 5 milligram beverage, drink it, have a good night’s sleep and wake up not hungover."
- Direct competition cited as a possible motivation for bourbon industry support of the hemp beverage ban.
Legislative Pathways Forward
- Active Bills and Political Champions:
- Kerry (13:33): “Jim Baird (IN) and Angie Craig (MN) have a House bill. Klobuchar and Rand Paul have a Senate bill. They would extend the ban date from Nov. 13, 2026, to 2028.”
- Kerry (14:07): “Congressman Morgan Griffith (VA) and Mark Veasey (TX) have another bill in the Energy and Commerce Committee—57 pages, covers USDA, FDA, TTB (Alcohol Tax & Trade Bureau).”
- Complex Federal–State Overlap:
- Each state handles hemp sales differently (liquor stores only, on-premise at bars, etc.). Extension needed for federal regulation to catch up and prevent collapse of the industry.
State Regulation & Adults-Only Access
- State Powers and Age Limits:
- Kerry (16:19): “State by state, all 21 for the most part.”
- Like alcohol, expect regional differences in hemp product availability.
The Incoherence of Recent Attempted Bans
- Practical Contradictions:
- Kerry (18:40): “In the bill it says you cannot have 0.4 milligrams of THC... you also cannot manufacture outside of the plant. ...To extract, I have to manufacture outside the plant. ...it doesn’t make any sense to real life business and farming implications.”
The Human Cost: Uncertainty for Farmers
- Impact on Agricultural Planning:
- Kerry (19:39): “Our farmers are buying seeds right now and they don’t know if what they plant in the ground is going to be legal in six months.”
Outlook & The Push for Congressional Action
- Realism & Hope:
- Kerry (20:09): “We have to [be hopeful]... Congress has ADHD—they only look at the shiny thing...it just doesn’t feel like it makes sense to throw away a $28 billion American-made industry... there’s a better way here.”
- Frustration with the lack of more Republican Senate support for the extension; bipartisan progress needed.
Notable Quotes & Memorable Moments
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On the diversity of hemp products:
- Kerry (02:32): “If it tastes bad, it works good kind of thing to where now we’ve evolved... now I can get hemp drinks, topicals, capsules. You name it, hemp’s got it.”
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On the innovation vs. regulation gap:
- Kerry (06:00): “We’ve all seen over seven, eight years now what a market maturity looks like to have descheduled THC. ...Like, 5 milligram beverages are really freaking popular.”
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On self-regulation and trust:
- Kerry (09:31): “We have all the ingredients listed, third party testing... we want to be good actors. The bad actors are coming in from China... more products that look like Oreos or Skittles that have thousands of milligrams of THC... this industry does not want.”
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On political motivations and industry rivalry:
- Kerry (12:21): “Competition is one of them. ...Folks are drinking less in part because... I can get a 5 mg beverage, drink it, have a good night’s sleep, and wake up not hungover.”
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On the legislative slog:
- Kerry (13:54): “This is 57 pages long. ...It speaks to the complexity of how you deal with the USDA covering the plant and the farm side... FDA on topicals and tinctures.... TTB with beverages.”
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On the sense of urgency for farmers:
- Kerry (19:39): “Our farmers are buying seeds right now and they don't know if what they plant in the ground is going to be legal in six months.”
Timestamps for Key Segments
- 01:05 – Introduction to hemp’s Kentucky heritage and Henry Clay
- 02:32 – Definition and forms of hemp/CBD products
- 03:28 – Effects and uses of hemp products
- 04:28 – Legal history: 2014–2018 Farm Bill, descheduling
- 06:40 – Major milestones: United Center begins selling hemp beverages
- 07:24 – Regulatory vacuum, FDA’s lack of oversight, threat of federal ban
- 09:31 – Industry self-regulation vs. bad actors
- 11:06 – The case for pro-business regulation; who is pushing for the ban?
- 13:33 – Current legislative solutions: bills, sponsors, and what needs to happen
- 16:19 – State-level regulation, age restrictions
- 18:40 – Contradictions in proposed ban language; impact on manufacturers/farmers
- 19:39 – The unique pressure on farmers amidst uncertainty
- 20:09 – Prospects for hope, Congressional momentum
Conclusion
This episode presents a nuanced, on-the-ground view of the hemp industry's rapid growth, regulatory pitfalls, and the existential threat posed by a looming federal ban. Kerry Hinkle draws a clear line between responsible growth and the dangers of blanket prohibition, while Amy McGrath presses on practical and ethical implications for consumers, businesses, and farmers. The dialogue is urgent, tinged with frustration but also perseverance, reflecting the stakes for a $28 billion sector at risk of vanishing unless Congress acts.
For more, visit: www.TruthintheBarrel.com