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 Agriculture Committee voted 34-17 last Thursday to approve House Resolution 7567, the Farm, Food, and National Security Act of 2026 (otherwise known as the 2026 farm bill), but did so without including a moratorium on implementation of the federal ban on intoxicating hemp products. That means that, unless amended later, the farm bill will not be the vehicle to stop the restrictive new federal rules.
Rep. James Baird (R-IN) had filed an amendment to delay implementation of the ban—due to go into effect in November—for a year but was not present for the hearings because of his wife's death March 1 after an auto accident. In his stead, Agriculture Committee Ranking Member Rep. Angie Craig (D-MN) presented the amendment, then withdrew it on Baird's behalf after Committee Chair Rep. Glenn "GT" Thompson said it was not germane to the committee. The Agriculture Committee should deal with hemp plants, not hemp products, he said.
"The ag appropriations bill that passed last fall brought clarity to the industry on what is or is not allowable under the definitions of hemp," Thompson said during this week’s markup. "Importantly, to many in this room today, that language addressed the issue of final form products that have been the source of many public health concerns since the 2018 Farm Bill, because they lacked a federal regulatory structure. A comprehensive regulatory framework for these products falls outside the jurisdiction of this committee."
Thompson said hemp-derived products should instead be taken up by the House Committee on Energy and Commerce and the US Food and Drug Administration.
"[They] need to engage promptly on this issue," he said.
Hemp had been legalized and defined as cannabis containing less than 0.3 delta-9 THC in the 2018 farm bill, but after psychoactive hemp products exploded in the marketplace, Congress moved to rein it in, defining hemp as cannabis containing less than 0.3 percent total THC (including THCA), thus eliminating the so-called "hemp loophole" and threatening the existence of the emerging industry built on it.
But wait, there's more: House Republicans also slipped a provision into the bill ending the federal government shutdown last November that limited hemp-derived products from containing more than 0.4 milligrams of THC per container, as well as banning synthetic cannabinoids such as delta-8 THC or unnatural cannabinoids, such as HHC.
With the path through the Agriculture Committee apparently closed off, it will be up to either the Energy and Commerce Committee or free-standing legislation to fix the hemp industry's existential problem. Rep. Baird has filed the Hemp Planting Predictability Act (HR 7010), which would delay the ban for two years, giving Congress a chance to come up with a regulatory scheme instead. It is just one of several legislative fixes that have been offered up so far.
"Planting and growing crops requires planning well in advance. Congress created a regulatory environment in the 2018 farm bill that allowed for certain investments, and farmers were operating within this environment," Baird said.
"The way Congress handled the appropriations process is just plain wrong," Craig said. "Literally, planning decisions are being made right now by hemp farmers. That’s why I’ve called for a comprehensive regulatory framework for the safe production and marketing of hemp-derived products – a framework that puts in place clear rules of the road for growers and retailers, includes protections for children and safeguards for consumers, and brings the relevant federal agencies, whether it’s FDA, USDA, or other related agencies, into the process at the appropriate point for the appropriate product."
Thompson pointed out that while the farm bill is not the place to regulate psychoactive hemp products, it does try to support hemp farmers "in a couple of different ways," especially through easing regulatory burdens for industrial hemp producers.
"We direct USDA to access more laboratories for our hemp farmers to be able to have their commodity tested, and having greater access to those laboratories," the chairman said. "Also, we have provided the states more flexibility in this space."
The 2026 farm bill would allow hemp farmers to designate their crops as "only industry hemp," for non-psychoactive fiber and grain or "hemp grown for any purpose other than industrial hemp," such as cannabinoids. It would also ease testing requirements for hemp by allowing the US Department of Agriculture to consult with the DEA on accrediting laboratories for hemp testing. Currently, labs must be registered with the DEA, which USDA says leaves "inadequate" DEA-registered lab testing capacities.