U.S. House Republicans Advance Controversial Hemp Provision
On June 23, U.S. House Republicans moved forward with a contentious provision regarding hemp regulation as part of a crucial appropriations bill for fiscal year 2026. The House Appropriations Committee voted 35-27, closely adhering to party lines, to approve the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill. This 138-page bill encapsulates over $25 billion in discretionary funding aimed at addressing various challenges faced by farmers, ranchers, and rural communities across the nation.
Focus on Hemp-Derived Cannabinoid Products
This year’s appropriations bill seeks to revise the governing rules around hemp-derived cannabinoid products, a move that many lawmakers and law enforcement agencies see as necessary due to growing public health and safety concerns. These concerns have emerged in the wake of the 2018 Farm Bill, which legalized the cultivation of industrial hemp but left unregulated the finished goods made from its derivatives.
Proposal to Ban Certain Cannabinoids
One of the most controversial elements of the appropriations bill aims to make illegal any hemp-derived cannabinoid products that contain synthetic compounds and/or quantifiable amounts of THC (tetrahydrocannabinol) or THCA. This includes a wide array of products containing cannabinoids with psychoactive effects. Rep. Andy Harris (R-Md.), who chairs the subcommittee overseeing this legislation, has expressed his desire to close what he terms the "hemp loophole." This loophole has enabled products, such as those infused with delta-8 THC, to flood into the market, a trend Harris argues needs to be curtailed for public safety.
Claims of Disruption to the Industry
Critics of the proposed changes argue that the legislation could threaten the livelihood of many legitimate businesses operating within the hemp industry. The U.S. Hemp Roundtable, an advocacy group for the hemp sector, accused Harris of covertly crafting language capable of dismantling the hemp industry. They claim that redefining hemp to exclude many safe, legal hemp-derived products—specifically those containing trace amounts of THC—would effectively criminalize a significant portion of the market.
Implications for CBD and Other Products
Renée Johnson, an agricultural policy specialist with the Congressional Research Service, has backed these claims. Her report indicated that excluding certain hemp-derived products from the federal definition of hemp would criminalize the production and sale of popular items, including CBD (cannabidiol). Notably, while an updated version of her report removed any mention of CBD, concerns remain about the significant financial implications such changes could have on businesses relying on CBD production.
Legislative Nuances and Amendments
In an attempt to clarify the intention behind the proposed changes, the House Appropriations Committee approved a manager’s amendment from Harris on June 11. This amendment specified that in determining “quantifiable amounts,” the committee does not intend to impact industrial or non-intoxicating hemp-derived products containing trace levels of THC. The U.S. Secretary of Health and Human Services would be tasked with establishing guidelines for what constitutes "quantifiable amounts."
Support for Regulatory Oversight
Interestingly, not all voices in the industry oppose the idea of tighter regulations. The American Trade Association of Cannabis and Hemp (ATACH) has supported the principle of regulating intoxicating products to enhance public safety. ATACH President Michael Bronstein noted that the 2018 Farm Bill inadvertently facilitated the surge in synthetic THC products. The organization’s support for the appropriations bill stems from a desire for clearer regulatory frameworks that can safeguard both consumers and legitimate businesses.
History of the Legislative Attempt
Harris has attempted to include similar hemp-related regulations in past appropriations bills, including a draft for fiscal year 2025, but those measures were ultimately withdrawn. This year’s proposal, however, is heading for broader consideration on the House floor, signaling a renewed effort to create a more structured approach to hemp cultivation and product safety.
The Future of Hemp in America
As the bill makes its way through Congress, both advocates and critics continue to express their concerns regarding the potential ramifications of these changes. With the hemp market’s rapid growth since legalization, the unfolding legislative debates will significantly shape the future landscape of hemp-derived products in the United States.
