Hemp operators are scrambling ahead of a new federal definition of the plant set to take effect in November. Under language tucked into a 2025 government spending bill, hemp would be redefined as products containing less than 0.4 milligrams of THC per package. Current federal law defines hemp as cannabis containing no more than 0.3 percent THC by dry weight. Industry advocates say the change would effectively make many hemp products, including THC beverages and most CBD oils, federally illegal. But the industry could get a reprieve from the November hemp ban if new language in the 2026 Farm Bill reaches the House floor.
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U.S. Rep. Jim Baird, R-Ind., introduced an amendment to the 2026 Farm Bill that would delay the change by one year. The House Agriculture Committee is expected to take up the proposal next week.
Industry groups and some lawmakers have called for more time to draft regulations in response to what they describe as a hemp ban. They argue that clearer federal regulations would help ensure consumers have access to tested products while reducing the risk of youth access.
In January, Baird introduced separate legislation that would delay implementation until 2028. The Farm Bill amendment appears to be a shorter-term compromise. Lawmakers are also considering a bill to regulate hemp products.
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Jonathan Miller, legal counsel for the U.S. Hemp Roundtable, argues the industry needs at least two years to sort out the regulations. He pointed to the Food and Drug Administration’s failure to meet a congressionally mandated deadline to establish definitions of cannabinoids as evidence that the process could take years.
“It makes it very clear that we need this extension,” Miller told GreenState. “We need to have a two-year extension on this ban, because it’s going to take time to develop a regulatory regime. We’re going to need to have the FDA involved. And they work slowly and methodically, and this November [deadline] is not enough time for that to happen.”
Hemp is a multibillion-dollar industry, with millions of Americans consuming hemp-derived products. The industry’s growth and proposals to expand CBD access through programs such as Medicare have fueled speculation that lawmakers may seek a compromise. The outcome, however, remains uncertain.
