The Senate Appropriations Committee has approved the FY2026 Agriculture-FDA spending bill, which includes a provision banning intoxicating hemp products, but implementation would be delayed for one year.
The committee approved the FY26 Agriculture-FDA spending bill on Thursday by a 27–0 vote.
The bill provides $27.1 billion in annual funding for agriculture programs for the coming fiscal year.
It also includes an amendment redefining hemp, which “closes the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products being sold across the country.”
Drafted by Senators Mitch McConnell, Republican of Kentucky, and Jeff Merkley, Democrat of Oregon, the bill provision aims to amend the hemp law established in the 2018 farm bill to prevent the sale of hemp-based intoxicating products. However, the changes would be implemented over the course of one year.
The one-year delay would allow current hemp farmers to finish this year’s crop under existing rules while giving lawmakers time to discuss and finalize new regulations to ensure a smoother transition without disrupting ongoing farming, according to Senator Merkley’s Thursday hearing.
The Senate committee’s intoxicating hemp ban approval 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.
Closing 2018 Farm Bill Hemp Loophole
The 2018 Farm Bill, passed during President Donald Trump’s first term, legalized hemp containing up to 0.3% THC nationwide for industrial purposes.
However, it also indirectly allowed the production of hemp-based products, such as delta-8 THC, with intoxicating effects similar to recreational cannabis, which remains illegal at the federal level.
This gray market has grown into a multi-billion-dollar industry, with these products sold in stores, gas stations, and online across the country.
The committee is now closing this loophole by proposing a bill that would prohibit all products containing any quantifiable amount of THC.
The move is likely to have significant implications for the hemp industry. If enacted, the provision would ban nearly all hemp-derived hemp products that contain any measurable THC. The bill says the amount of THC and other intoxicating cannabis compounds will be determined by the Secretary of Health and Human Services, working with the Secretary of Agriculture.
Jonathan Miller, general counsel of the hemp advocacy group U.S. Hemp Roundtable, said in a press statement that “the best way to do that is through robust regulation, not prohibition,” adding that “regulation will protect hemp farmers and the $28 billion economic engine that is the hemp industry while also offering the protections that the Senate is seeking. A blanket ban on more than 90% of hemp consumable products is not the right path.”
However, Kevin Sabet, president of Smart Approaches to Marijuana, an organization opposing the commercialization and normalization of cannabis, said in a press statement that “The Senate’s inclusion of a ban on hemp-derived intoxicants like Delta-8 THC is a marquee win for public health and safety.” He added, “For too long, Delta-8 THC dealers have taken advantage of Congress’ original intent and skirted the spirit of the law, putting families and lives at risk. Today brings us closer to legal sanity on this issue.”
Within 180 days of the law taking effect, the FDA Commissioner and the Agriculture Secretary must report to Congress on how the rule is being implemented. The report will cover the expected impact on the cannabinoid market, talks with industry groups, and details on packaging, labeling, testing, and how to report any problems.