The proposed Farm Bill is out, here are the hemp provisions.
Total THC, no performance-based testing, protects hempseed foods, bans Hempnoids and even CBD, bans marijuana seed which was previously protected, defined grain/fiber hemp separately from Hempnoids.
One of the stated goals bodes well for industrial hemp (grain/fiber) production in the U.S., since most hemp products are now imported or made from imported hemp. Banning Hempnoids was so important that it was in the bill’s “key takeaways,” which appear to be highly political:
- Maintaining “Buy American” provisions that maximize the federal government’s use of services, goods, products, and materials produced and offered in the United States.
- Closing the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products, including Delta-8 and hemp flower, being sold online and in gas stations across the country.
Here are the hemp provisions in the 2026 Farm Bill [with my comments]:
A BILL
Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2026, and for other purposes.
SEC. 740. None of the funds made available by this Act or any other Act may be used—
(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014 or subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated. [Protects interstate trade and transport]
SEC. 759. Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended— (1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and— (2) by striking paragraph (1) and inserting the following:
‘‘(1) HEMP.—
‘‘(A) IN GENERAL.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis. [Removed the need for the decarb provision by specifying THCa, but also removed performance-based THC compliance]
(B) INCLUSION.—Such term includes industrial hemp. [That’s defined below separate from stony Hempnoids]
(C) EXCLUSIONS.—Such term does not include— ‘‘(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis [Marijuana seeds, but they are virtually indistinguishable from whole hempseed which is already an FDA-approved 100% legal GRAS food, they would have to grow-out and test the seeds to have a case]; or
(ii) any hemp-derived cannabinoid products containing—
(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; [“Neocannabinoids”]
(II) cannabinoids that— ‘‘(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and ‘‘(bb) were synthesized or manufactured outside the plant [Converted delta-8/9, varins, CBN, etc.] ; or
(III) quantifiable amounts based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture) of— [This is a blank check for enforcement]
(aa) tetrahydrocannabinol (including tetrahydrocannabinolic acid) [Found only in unheated Cannabis]; or
(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol (as determined by the Secretary of Health and Human Services in consultation with the Secretary Agriculture). [Excludes future novel Neocannabinoids]
[Here they differentiate between hemp grown for grain/fiber (“Industrial Hemp”) and Hempnoids (“Hemp-Derived Cannabinoid Product”):]
(2) INDUSTRIAL HEMP.—The term ‘industrial hemp’ means hemp—
(A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of such a stalk;
(B) grown for the use of the whole grain, oil, cake, nut, hull, or any other noncannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant [Note that they properly use the term “nut” not “heart” to describe the shelled seed, just as I started 27 years ago with HempNut];
(C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol concentration specified in paragraph (1)(C)(i); [I wrote in the past how hemp sprouts were impossible to produce compliantly due to the testing protocol]
(D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute [For hemp breeders]; or
(E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D).
[Looks like they killed Hempnoid market, maybe CBD too:]
(3) HEMP-DERIVED CANNABINOID PRODUCT.—
(A) IN GENERAL.—The term ‘hemp-derived cannabinoid product’ means any intermediate or final product derived from hemp (other than industrial hemp), that—
(i) contains cannabinoids in any form; and
(ii) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.
(B) EXCLUSION.—Such term does not include a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).’’ [This excludes FDA-approved Epidiolex, Sativex, etc].
Maybe now we can get back to feeding and clothing people with hemp?
Full committee markup: https://docs.house.gov/meetings/AP/AP01/20250605/118353/BILLS-119-SC-AP-FY2026-Agriculture-FY26AgricultureSubcommittee.pdf [PDF]
and summary:
https://appropriations.house.gov/sites/evo-subsites/republicans-appropriations.house.gov/files/evo-media-document/fy26-ag-bill-summary-final.pdf [PDF]