Intoxicating Hemp Ban Unchanged in 2026 Farm Bill’s Advancement
The House Agriculture Committee passed the legislation without a two-year delay
The 2026 Farm Bill won’t be the vehicle to delay the November 2026 implementation of the federal government’s ban on intoxicating hemp products, at least for now.
The House Committee on Agriculture voted, 34-17, on March 5 to approve House Resolution 7567, the Farm, Food, and National Security Act of 2026 (the 2026 Farm Bill), after spending more than 20 hours marking up the bill on Tuesday, Wednesday and into the early morning hours on Thursday.
The legislation broadly addresses the nation’s agricultural and food policies, but one provision in the 800-plus page bill would define hemp as a cannabis plant that does not test higher than 0.3% total THC (including THCA), meaning it would remove language from the 2018 Farm Bill that includes a 0.3% delta-9 THC threshold, often referred to as the “loophole” that allowed intoxicating hemp products to proliferate nationwide.
The federal government’s forthcoming intoxicating hemp product ban takes it a step further.
In appropriation negotiations, Senate Republicans slipped a provision into November 2025’s government reopening deal to also outlaw any hemp-derived products containing more than 0.4 milligrams of THC, as well as those containing synthetic (delta-8 THC) or unnatural (HHC) cannabinoids.
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