In an unusual but strategic move by cannabis prohibitionists, Congress passed the 2026 Continuing Appropriations Act (H.R. 8719), ending the government shutdown and, at the same time, banning most psychoactive hemp products.
The ban was driven by Senator Mitch McConnell, who expressed alarm that hemp-derived cannabinoids were getting into the hands of the nation’s youth. With the ban not taking effect until November 12, 2026, the hemp industry now has 12 months to enact a legislative fix before enforcement begins.
How Congress Redefined Hemp
The 2018 Farm Bill legalized hemp by defining it as Cannabis sativa L. with delta-9 THC levels below 0.3% on a dry-weight basis. This allowed hemp to be removed from the Controlled Substances Act (CSA) and be sold across state lines, as long as it complied with this definition. However, the Farm Bill did not mention other cannabinoids, opening opportunities for entrepreneurs to create a wide variety of intoxicating but legal hemp products.
These products—sold as gummies, vapes, and pre-rolls—became widely available in convenient stores, smoke shops, and online retailers, particularly in states where cannabis remains illegal. This greatly increased access to cannabis in conservative red states, many of which added sensible regulations like “age gating” (21 and over), lab testing, and accurate labeling.
H.R. 8719 seeks to shut down the psychoactive hemp market by expanding the definition and testing of hemp to include “total THC” (comprised of delta-9 THC + THCA, which converts to THC when heated) and “semisynthetic” and “synthetic” cannabinoids (delta-8 and others) which are made by converting CBD using isomerization and other processes.
The Industry’s Complicated Response
The cannabis industry is divided over the ban with some supporting it and others opposed to it. This mirrored the lobbying efforts of the industry for most states in 2024-25. Those that own and operate companies in the “licensed” cannabis market (states that have legalized and set up licensing frameworks) tend to support the ban. They are not happy that hemp intoxicants have far less regulation and taxes than their businesses and products.
Industry opponents, largely hemp farmers, companies, and reform activists, argue that the ban is an overreach that will wipe out thousands of businesses and deny consumers legal access to hemp products in prohibition states. They contend this is a $28 Billion dollar market that may employ over 300,000 Americans. They believe it would be better to codify regulations at the federal level while keeping the industry intact.
Jonathan Miller, General Counsel for the U.S. Hemp Roundtable (USHR), called the provision “a death sentence for the hemp industry” with 95% of hemp businesses threatened. “We are working with Members of Congress to develop and then pass legislation that would replace the ban with a robust regulatory regime,” said Miller in an email.
Rod Kight, a cannabis attorney and industry advocate, warned in his blog that the ban could push the psychoactive hemp market underground. Kight has been one of the most consequential thought leaders and educators in hemp. In his blog, he forcefully advises the industry to fight the ban and unite around a one-plant framework.
A Fragmented Plan For Survival
With 12 months before enforcement, the divided industry will float multiple solutions, but it’s unclear which may create unity within their ranks. Every proposed solution is different and has both supporters and detractors. The danger persists that the industry will continue to lobby against itself, empowering supporters of the ban and confusing political allies about the proper solution to it.
The One-Plant Solution
A number of advocates are pushing for a “one-plant solution.” This would treat cannabis/hemp as one plant with one set of federal regulations. Perhaps the most well developed of these efforts is called the One Plant Alliance (OPA), founded by longtime cannabis activists Amber D. Lengacher and Steve DeAngelo
The OPA framework for federal legalization is simple: remove all cannabis from the CSA and institute three “golden pillars” of regulation. The pillars are: 1) age verification for responsible access; 2) lab testing for purity, and; 3) accurate labeling for transparency and safety. According to OPA, removing cannabis entirely from the CSA is the only solution that restores justice to impacted citizens who continue to suffer from the lingering consequences of prohibition.
“All industry sectors must unite around removing these negative consequences for Americans and supporting the three pillars of regulation for all cannabinoid products,” said Lengacher, “we must end prohibition once and for all.”
Draft Legislation
According to Marijuana Moment, a cannabis industry publication, Representative Nancy Mace (R-S.C) has already introduced draft legislation that would reverse the ban. Mace’s bill, titled “The American Hemp Protection Act of 2025,” would prevent that ban from taking effect but it wouldn’t accomplish what many advocates have pleaded for: regulations.
In addition, Rep. Morgan Griffith (R-VA) has been circulating another bill behind closed doors while getting feedback from stakeholders within and outside the industry. His potential bill would reverse the ban, age gate sales to those over 21, institute strict packaging/labeling rules, and set potency limits on each serving of intoxicating hemp products. Many in the hemp industry are aligned with this approach and hope the bill gets introduced. Griffith, and others like Sen. Ron Wyden (D-OR), Sen. Jeff Merkley (D-OR), and Sen. Rand Paul (R-KY) introduced other legislation in recent history to regulate cannabinoid products, none of which got floor votes.
While some advocates have championed these bills, it’s too soon to tell if any will get significant traction, let alone a vote.
Use The Farm Bill To Reverse The Ban
Some hemp industry advocates are calling for a simple reversal of the action taken in H.R. 8719, noting that it will only be in effect until January 2026, when a new continuing resolution or other budget agreement will be needed to keep the government open. At the same time, other advocates are focused on a more permanent solution in the next Farm Bill, which was supposed to get passed in 2023 but has been delayed by a divided Congress since.
No one knows if a Farm Bill can pass in 2026 but some believe it’s the best mechanism to reverse the ban.
Reschedule Cannabis To Schedule III in the CSA
Still other advocates see cannabis being rescheduled in the CSA, going from a classification of I to III. The rescheduling process was initiated under the Biden Administration but has been halted by the Drug Enforcement Administration after the re-election of Donald Trump as President.
Those who support rescheduling feel Schedule III is the most pragmatic path for cannabis reform at the federal level. Some in this camp contend the One Plant folks are too idealistic and the hemp companies are pursuing solutions that don’t have a realistic pathway to law.
The Schedule III framework is favored by some “licensed” cannabis companies who stand to profit mightily from rescheduling.
Conclusion
Many new solutions will be floated by other industry leaders in the coming weeks, some may even end up in draft legislation. Most will be some variation of the solutions mentioned above. Some folks are talking about a federal excise tax as part of lifting the ban.
Others may want to lift the ban for hemp drinks only and cap the potency of those drinks. It may not be a surprise to see some players in the alcohol industry favoring this approach.
If the industry remains in conflict over hemp, it may be a challenge to institute a fix. Only time will tell if one solution rises above the others to unite the cannabis industry. It remains to be seen if the industry can trust the legislative process now, particularly a fragmented approach to one. It may be that the nascent industry is going to get played by seasoned lobbyists in D.C. for another year.
Having said that, there is a lot of overlap in the proposed solutions. Most want to lift the ban and add more regulations for intoxicating hemp, although that may be where consensus ends. As the saying goes, the devil is in the details.
While many hemp folks feel confident a fix is in the works, it won’t be easy with Senator McConnell and his allies in power until January 2027.
Prohibitionist groups like Smart Approaches to Marijuana (SAM) claim to have played a role in the ban and have proven formidable opponents who clearly came out on top this time. They may go after the licensed sector of the industry next and, in fact, are busy collecting signatures for ballot initiatives in Massachusetts and Maine to do just that. Due to acrimonious divisions within the cannabis industry, the momentum is with the prohibitionists.
Cannabis attorney Steve Schain put it best when he said, “Hemp is marijuana again” under federal law. And it will remain that way unless something changes in the next 12 months.
Note: Author Andrew DeAngelo is a co-founder of the One Plant Alliance.