Newly released spending legislation negotiated by congressional leaders would recriminalize many hemp-derived products. It also rejects provisions previously passed by the House and Senate that would have allowed Department of Veterans Affairs (VA) doctors to begin prescribing medical marijuana to patients.
The new measure, if signed into law, would ban certain hemp products that were legalized under the 2018 Farm Bill signed by President Donald Trump during his first term.
The negotiated bill “prevents the unregulated sale of intoxicating hemp-based or hemp-derived products, including Delta-8, online, at gas stations and in corner stores, while not preserving CBD and industrial hemp products,” according to a summary released Sunday by the Senate Appropriations Committee.
Under current law, cannabis products are 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 all 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 would 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 cannot be produced naturally by the plant.
Legal hemp products would be limited to a total of .4 milligrams of THC or any other cannabinoids with similar effects.
Within 90 days of the bill’s passage, the Food and Drug Administration (FDA) and other agencies would be required to “publish a list of all cannabinoids known to FDA to be naturally produced by a Cannabis sativa L. plant, as reflected in the peer-reviewed literature,” “all tetrahydrocannabinol classes known to be plants of the cannabinoid class known” and “all cannabinoids” known to occur naturally. cannabinoids that have or are marketed as having effects similar to cannabinoids of the tetrahydrocannabinol class.
The deal was agreed to by Senate Appropriations Committee Chairwoman Susan Collins (R-ME) and Sen. Patty Murray (D-WA), the ranking minority on the panel, as well as House Appropriations Committee Chairman Tom Cole (R-OK). But Rep. Rosa DeLauro (D-CT), the top Democrat on the House floor, did not sign on.
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.
Jim Higdon, founder of Cornbread Hemp, said the Senate Appropriations Committee’s summary of the bill describing the legality of non-medical CBD products is “a lie.”
“The 0.4 mg limit will make 100 percent of Cornbread Hemp products illegal, including our full-spectrum CBD products, topical CBD products, and even CBD oils,” he told Marijuana Momenti.
Separately, newly released credits legislation rejects language passed by a chamber earlier this year let VA doctors recommend medical cannabis to their military veteran patients in states where it is legal.
The House and Senate passed slightly different provisions on the matter.
Here is the text of the House version:
“None of the funds appropriated or otherwise made available to the Department of Veterans Affairs in this Act shall be used to enforce Veterans Health Care Directive 1315 as it relates to:
(1) a policy stating that “VHA providers are prohibited from filling out forms or registering veterans to participate in a State-approved marijuana program”;
(2) a directive from the “Under Secretary of Health for Operations and Management” that “directors of medical facilities are aware that it is VHA policy to assess the marijuana use of veterans by providers, but providers are prohibited from recommending, making referrals, or processing veterans’ participation in State marijuana programs”; and
(3) A directive to the “VA Medical Director” that “VA facility personnel be aware of” “recommend[ing]the prohibition, making referrals, or completing forms and registering veterans to participate in State-approved marijuana programs.”
The Senate language reads:
“None of the funds vested or otherwise made available to the Department of Veterans Affairs in this Act shall be used for:
(1) Impeding a veteran’s ability to participate in a state-approved medical marijuana program;
(2) Deny any service provided to the Department to a veteran participating in such program; or
(3) Limit or interfere with the ability of a health care provider of the department to make appropriate recommendations, complete forms, or take action to comply with such program.
The negotiated bill released Sunday contains no language on that issue.
In recent years, both the House and the Senate had it included provisions in the respective MilConVA measures that would be allow VA doctors to make cannabis recommendationsbut they have never become law.
The new appropriations bill is part of a three-bill package to fund various federal agencies through fiscal year 2026. It is expected to be considered soon in the Senate, along with an ongoing resolution involving other agencies that, if passed by both chambers and signed into law by Trump, would end the government shutdown.