A proposed amendment to delay the hemp THC ban faces an uphill battle as a key committee chair signals it won't get a vote.
Bid to Delay Hemp THC Ban Not Likely to Get Vote at Farm Bill Hearing, Committee Chair Hints
A proposed amendment to the 2026 farm bill that would delay the looming ban on psychoactive hemp products for a year is unlikely to be taken up by the House Agricultural this week. The committee is set to begin markup on Tuesday, cut Committee Chairman Glenn Thompson (R-PA) said the amendment from Rep. Jim Baird (R-IN) does not belong before his committee.
The amendment from Rep. Jim Baird (R-IN) would give farmers some certainty before they plant their crops in a few weeks' time—or decide whether to plant at all—and give the hemp industry and other stakeholders more time find a way to regulate—not prohibit—psychoactive hemp products.
"This amendment would delay the redefining of hemp by 1 year in section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act of 2026," the amendment reads.
But Thompson "doesn't think the amendment is germane, making it unlikely that Baird could offer the provision for a vote at the markup despite bipartisan backing, Congressional Quarterly reported. "The House Energy and Commerce Committee has jurisdiction over the Food and Drug Administration, which is responsible for regulating hemp products when they reach the market. The Agriculture Department only has control over the plant."
The hemp sector has been warning that the hemp cannabinoid ban inserted into the bill that ended the federal shutdown last year will decimate the industry that has developed since hemp was defined and legalized in the 2018 farm bill.
Baird's amendment would only delay implementation of the ban, but that could open enough breathing room to convince Congress it should regulate—not prohibit—psychoactive hemp cannabinoids. Baird has also filed a bill, HR 7024, that would delay implementation for two years.
Under the 2018 farm bill, hemp was defined as cannabis containing less than 0.3 percent delta-9 THC by dry weight. The provisions set to come into effect in November (unless delayed by one or two years), will measure "total THC," including THCA and delta-8 THC, as well as "any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services)."
Products containing hemp-derived cannabinoids will be limited to 0.4 milligrams of total THC per container, while synthetic cannabinoids will be banned.
These definitions would virtually wipe out most consumable cannabinoid products, raising concerns not just by industry but also by some lawmakers. Rep. James Comer (R-KY) is calling on fellow Kentuckian Sen. Mitch McConnell (R)
Lawmakers from across the aisle have been raising concerns about the potential consequences of the hemp redefinition, which would eradicate most consumable cannabinoid products that have become commonplace in states across the U.S., including those where marijuana hasn’t been legalized.
Rep. James Comer (R-KY) and Kentucky Agriculture Commissioner Jonathan Shell are among the critics of the ban, and they sent a letter to Sen. Mitch McConnell (R-KY) last week calling on him to help avoid prohibiting the products by supporting the proposed implementation delay. McConnell had championed hemp legalization under the 2018 farm bill but supported the ban passed last year, arguing that hemp legalization had led to an unanticipated market in psychoactive hemp cannabinoids.