US Congress considers postponing federal ban on THC from hemp by a year

A decisive vote within the U.S. House Committee on Agriculture could determine the immediate future of the market Hemp-derived THC Lawmakers in the United States are expected to consider an amendment next week that would push back by one year the implementation of a federal ban that would radically redefine legal products. hemp-based.

Representative Jim Baird submitted an amendment to the upcoming Farm Bill 2026. His proposal would postpone the changes adopted in the federal law on last year's public spending bill, signed by President Donald Trump, which effectively recriminalizes a wide range of consumable cannabinoid products currently sold across the country.

A redefinition that could reshape the hemp market

Since the’2018 Farm Bill passed, hemp is legal at the federal level as long as it contains less than 0.3% delta-9 THC on a dry weight basis. This threshold has enabled the rapid emergence of a market for products containing cannabinoids such as delta-8 THC and other compounds derived from hemp.

However, the new legislative text, set to take effect in November, broadens the definition of THC to include «total THC,» which encompasses delta-8 and other isomers. It also covers «any other cannabinoid that has similar effects (or is marketed as having similar effects) on humans or animals as tetrahydrocannabinol,» as determined by federal health authorities.

In the revised framework, legal hemp products would be limited to 0.4 milligrams of total THC per container. The legislation would also prohibit hemp-derived cannabinoid products sold directly to consumers, as well as cannabinoids synthesized outside of the plant or that are not naturally present in the Cannabis sativa L.

Industry stakeholders claim that such provisions would largely dismantle the consumable hemp market that has developed over the past seven years, including in states where broader cannabis reform has not been adopted.

The sector is calling for clarification of the regulations

The request for postponement reflects the growing concern of farmers and manufacturers. According to Jonathan Miller, General Counsel of the’U.S. Hemp Roundtable, the uncertainty is already affecting planting decisions for the upcoming season.

«There is a growing and urgent desire to ensure that farmers have some certainty regarding the ability to plant their crops this spring, which they cannot currently do because, if nothing changes, the ban will come into effect in November,» he said.

He added: «Many negotiations are underway, including with the White House, and there is a general consensus on the need to act.»

Rather than a general ban, many stakeholders advocate for a Regulatory framework for hemp-derived products, including beverages and edibles. The amendment presented by Mr. Baird would serve as a temporary transition while Congress debates a longer-term regulatory approach. It should be noted that the Congressman also introduced a separate bill to obtain a two-year moratorium.

Bipartisan concerns and industry pressure

Opposition to the imminent ban isn't limited to one political camp. Representative James Comer and Kentucky Agriculture Commissioner Jonathan Shell have publicly expressed their concerns, urging Senate leaders to support at least a temporary postponement.

Furthermore, the former Senate Majority Leader, Mitch McConnell, a fervent defender of hemp legalization in 2018, supported efforts to roll back intoxicating hemp-derived products, calling them unforeseen consequences of the initial legislation.

Adding another dimension to the debate, the major alcohol retailers and trade groups have called on Congress to postpone the ban and instead regulate hemp-derived THC beverages under a structure similar to alcohol. The coalition argues that applying established distribution and compliance standards «would ensure safe and transparent access.».

Regulatory gaps and missed deadlines

The legislation also required that the Food and Drug Administration (FDA) publish, within 90 days of its effective date, lists of naturally occurring cannabinoids and those considered similar to THC. This deadline appears to have passed without these lists being published. A spokesperson for the FDA indicated that the lists would be published in the Federal Register once finalized.

The lack of regulatory clarity has further fueled the sector's frustration. For many companies, the question is no longer whether reform is necessary, but whether Congress will act before the November deadline.

As the House Agriculture Committee is set to consider the amendment, its outcome could determine whether the U.S. hemp industry will receive a temporary reprieve or face a dramatic market contraction later this year.