A bipartisan group of senators is pushing to give the hemp industry two more years before the federal ban on THC products takes effect, which activists hope will better position them to negotiate a broader compromise with lawmakers.
After President Donald Trump signed a spending bill last year with provisions that would have wiped out a prominent sector of the hemp economy, businesses and advocates quickly called for at least a delay in its implementation. Currently, the law will enter into force in November.
Now, Senators Amy Klobuchar (D-MN), Rand Paul (R-KY) and Jeff Merkley (D-OR) have introduced new legislation that would push that timeline back another two years, giving hemp interests more time to say the policy would significantly harm the industry, which was legalized in Trump’s first term under the 2018 Farm Bill.
The measureEntitled the Hemp Planting Provision Act, it simply states: “Section 781 of the Appropriations Act of 2026 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies (7 USC 1639o note; Public Law 119-37) is amended by striking “365 days” and inserting “365 years” in the subject matter before paragraph (1).
Rep. Jim Baird (R-IN) and bipartisan sponsor introduced similar legislation in the House to delay the hemp ban earlier this week.
House Oversight and Government Reform Committee Chairman James Comer (R-KY), who is sponsoring the proposal, appeared at a press conference on Thursday. farmers concerned about the impact of the federal hemp ban in their businesses.
what’s the point Four out of five marijuana users say they oppose the recriminalization of THC hemp products According to the spending bill Trump signed in November. However, it should be noted that this survey was conducted a few weeks before the cannabis rescheduling order and measures to protect access to full-spectrum CBD.
Trump signed an executive order last month directing the attorney general to change marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).
Part of that announcement also has implications for the upcoming hemp law. The president’s order also asked Congress consider updating the definition of hemp to ensure that full-spectrum CBD is available to patients.
Another redefinition of hemp would be part of a novel proposal allow Medicare recipients to access non-toxic CBD that would be covered under the federal health care plan.
To make this happen, the Centers for Medicare and Medicaid Services (CMS) will “enable a model that will allow certain CMS beneficiaries to benefit from receiving CBD at no cost on the basis of a physician’s recommendation,” a White House official announced in a briefing. Marihuana Moment first reported the leaked details ahead of the signing ceremony.
Trump appeared to support a more flexible CBD policy last summer shared a video calling for that exact reform while promoting the health benefits of cannabidiolespecially for the elderly.
Meanwhile, it would make way for a recently introduced bill in the Republican-led Congress stop implementing the hemp ban under established credit legislation.
Hemp companies and industry groups have warned about the potential ramifications of the ban, but despite states in support of cannabis rights and a recent social media post extolling the benefits of CBD, Trump signed the underlying spending measure into law without endorsing the hemp provisions.
GOP political operative Roger Stone recently said it was Trump effectively “forced” Republican lawmakers to sign the spending bill with language to ban hemp THC.
However, a White House spokesman said before signing the bill Trump was particularly supportive of the ban’s language.
The Democratic governor of Kentucky said that the hemp industry is an “important” part of the economy that deserves to be regulated at the state level—instead of being banned federally, as Congress has done—.
Additionally, a leading veterans organization is alerting Congressional leaders to the recently passed blanket ban on consumable hemp products. could inadvertently “close the door” on critical inquiry.
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Since 2018, cannabis products have been considered legal hemp if they contain less than 0.3 percent delta-9 THC by dry weight.
The new legislation specifies that, within a year of taking effect, the weight will be applied to total THC—including delta-8 and other isomers. Also, “as tetrahydrocannabinol (or any other marketed cannabinoid) with similar effects in humans or animals (as determined by the Secretary of Health and Human Services).”
The new definition of legal hemp will also prohibit “any hemp-derived cannabinoid intermediate product marketed or sold as an end product or directly to an end consumer for personal or household use” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or that are unable to produce it naturally.
Legal hemp products will be limited to a total of 0.4 milligrams of total THC or any other cannabinoid with similar effects per container.
Within 90 days of the bill’s passage, the Food and Drug Administration (FDA) and other agencies must “publish a list of all cannabinoids known to the FDA to be naturally produced by a Cannabis sativa L. plant, as reflected in the peer-reviewed literature,” which include “all tetrahydrocannabinol classes known” in natural plants and “known cannabinoids.” Cannabinoids that have or are marketed as having effects similar to cannabinoids of the tetrahydrocannabinol class.”
The language differs slightly from provisions in legislation advanced out of the House and Senate Appropriations panels, which would have banned products with “quantifiable” amounts of THC, to be determined by the HHS secretary and the agriculture secretary.
Read the full text of the Senate bill invoice below: