GOP Lawmakers' Hemp Amendments To The Farm Bill Would Allow Continued Legal Sales Of THC Products Under Federal Law

GOP Lawmakers Seek to Delay Hemp THC Recriminalization in Upcoming Farm Bill

Background on Federal Hemp Rules

The 2018 Farm Bill, signed by President Donald Trump, established the federal threshold for legal hemp at less than 0.3 percent delta‑9 THC on a dry‑weight basis. This definition opened the door for a rapidly expanding market of cannabinoid‑derived products, including CBD oils, edibles, and beverages.

Late last year, however, new legislation altered the definition of hemp, limiting legal products to a maximum of 0.4 milligrams of total THC (including delta‑8 and other isomers) per container. The change was set to take effect on November 12 of this year, effectively recriminalizing many hemp‑derived THC items that currently exceed that limit.

Proposed Amendments to the Farm Bill

In response to the impending deadline, House Oversight and Government Reform Committee Chairman James Comer (R‑KY) introduced an amendment that would push back the recriminalization date to November 2027. Comer, alongside Kentucky Agriculture Commissioner Jonathan Shell, urged Senate Minority Leader Mitch McConnell to use his influence to support the delay, citing the economic importance of the hemp sector to Kentucky farmers.

A separate amendment offered by Representative Andy Barr (R‑KY) aimed to redefine “hemp” in a way that would preserve the legal market while adding safeguards: banning synthetic cannabinoids, protecting children, and requiring that products be of American origin. The Barr amendment was submitted but later withdrawn for undisclosed reasons; it remains unclear whether Barr intends to refile a revised version.

Before the House Agriculture Committee’s review, Representative Jim Baird (R‑IN) had also filed a delay amendment, but the committee chair ruled it non‑germane to the Farm Bill and prevented its consideration.

Committee Actions and Related Legislation

The current version of the Farm, Food, and National Security Act of 2026 (H.R. 7567) already contains measures to assist industrial hemp producers. These include updated requirements for state and tribal hemp production plans, provisions for visual inspections and performance‑based sampling, and a pathway to eliminate the 10‑year ineligibility period for producers with certain felony convictions.

House Agriculture Committee staff summarized the hemp‑related sections as follows:

Section 10005 amends subtitle G of the Agricultural Marketing Act of 1946, updating definitions, testing procedures, and enforcement mechanisms for industrial hemp. The language seeks to maintain a clear distinction between industrial hemp (fiber, grain) and hemp‑derived cannabinoid products while giving states flexibility to tailor regulations to local needs.

In addition to the Farm Bill amendments, a bipartisan group of senators—Rand Paul (R‑KY), Amy Klobuchar (D‑MN), and Joni Ernst (R‑IA)—introduced the Hemp Safety Enforcement Act. The bill would allow states to opt out of the federal THC recriminalization slated for later this year. Ernst later withdrew her cosponsorship, leaving the bill’s future uncertain.

Industry Impact and Market Trends

Despite regulatory uncertainty, the hemp market continues to grow. A U.S. Department of Agriculture report released this month showed that U.S. farmers cultivated hemp worth approximately three‑quarters of a billion dollars in 2025—a 64 percent increase over the previous year.

The Trump administration has also launched a Medicare initiative that covers up to $500 worth of hemp‑derived products annually for eligible beneficiaries, focusing primarily on CBD but permitting a limited amount of THC. The Centers for Medicare & Medicaid Services (CMS) has finalized a rule allowing certain hemp products to be offered as specialized, non‑primarily health‑related benefits through Medicare Advantage plans.

Retailers are responding to consumer demand. Target, for example, expanded a pilot program that began in ten Minnesota stores to all 72 of its locations in the state, now selling lower‑potency hemp edibles and beverages after obtaining the necessary state licenses.