Senate Approves One-Year Delay for Implementation of Ban on Intoxicating Hemp Derivatives
The Senate Appropriations Committee has unanimously approved the FY2026 Agriculture-FDA spending bill, which includes a provision aimed at regulating hemp more stringently regarding intoxicating derivatives. This move signals a significant shift in the hemp industry, with far-reaching implications for public health, agricultural interests, and the regulatory landscape.
The provision, drafted by Senators Mitch McConnell and Jeff Merkley, seeks to amend the 2018 farm bill's hemp law to prevent the sale of hemp-based hallucinogenic products. This change effectively redefines hemp according to the original congressional intent, ensuring that hemp remains a non-intoxicating agricultural commodity.
The ban on intoxicating hemp products is intended to keep hallucinogenic substances derived from hemp out of the hands of children and the broader public. At the same time, the provision includes a one-year implementation period, allowing farmers to harvest their current crop under existing rules, thus balancing regulatory goals with agricultural interests.
Jonathan Miller, general counsel of the hemp advocacy group U.S. Hemp Roundtable, has expressed concerns about a blanket ban on more than 90% of hemp consumable products, stating that it is not the right path. However, he emphasizes that regulation, not prohibition, is the best way to protect the hemp industry.
The approval of the bill follows a Republican-led House committee's approval in June of a spending bill that includes a measure to ban all hemp products containing THC. If enacted, the provision would ban nearly all hemp-derived hemp products that contain any measurable THC.
The changes in the hemp law, as proposed in the bill, would be implemented over the course of one year. The FDA Commissioner and the Agriculture Secretary must report to Congress within 180 days of the law taking effect on how the rule is being implemented.
This legislative move is part of a larger $21.7 billion discretionary budget for USDA under the FY2026 appropriations bill. The bill also touches on other agricultural priorities, such as funding for research, rural development, and FDA programs, positioning the hemp regulation within a broad framework of agricultural policy and oversight.
The gray market of hemp-based products, including delta-8 THC, has grown into a multi-billion-dollar industry, with these products sold in stores, gas stations, and online across the country. The FDA has been grappling with the regulation of these products, and the bill's approval may lead to tighter regulatory enforcement around hemp products and influence market dynamics in the hemp and CBD sectors.
Kevin Sabet, president of Smart Approaches to Marijuana, has stated that the Senate's inclusion of a ban on hemp-derived intoxicants like Delta-8 THC is a win for public health and safety. He further stated that Delta-8 THC dealers have taken advantage of Congress' original intent and skirted the spirit of the law, putting families and lives at risk.
As the bill moves forward, it will be interesting to see how the hemp industry adapts to these changes and how the regulatory landscape evolves in response. The FDA and USDA will play crucial roles in implementing the new rules and ensuring that they are enforced effectively.
- The Senate Appropriations Committee's approval of the FY2026 Agriculture-FDA spending bill includes a provision that aims to regulate hemp, particularly with regards to intoxicating derivatives like delta-8 THC, which will impact the policy-and-legislation surrounding this industry.
- The regulatory changes could have far-reaching implications on various sectors, including health-and-wellness, mental-health, and general-news, as the provisions aim to ensure hemp remains a non-intoxicating agricultural commodity and keep hallucinogenic substances derived from hemp out of the hands of children and the broader public.
- The provision, drafted by Senators Mitch McConnell and Jeff Merkley, also includes a one-year implementation period, allowing for a balance between regulatory goals and agricultural interests, while also addressing the concerns of the hemp industry, which emphasizes regulation over prohibition for the protection and growth of the industry.
