The U.S. Farm Bill, which has been delayed for years, is now moving forward. However the version that was passed last week only adapts to a hemp reset underway since Congress acted in November last year to close a multibillion dollars-worth of intoxicating hemp markets.
The House approved the measure Friday in a 224–200 vote, advancing a package that formally separates “industrial hemp” (fiber and grain) from all other production, pushing cannabinoid-linked crops into a stricter regulatory lane.
These changes reflect the directions set out by last year’s Appropriations Law, bringing rules at farm level in line with an already ongoing crackdown.
The 2026 Farm Bill will replace the 2018 Omnibus Agriculture Law, which Congress repeatedly delayed in 2023 because it failed to renew the law on time. The bill — a Senate version of which will also be forthcoming — has become the central legislative vehicle for hemp production policy.
The provisions of the Farm, Food, and National Security Act 2026, or the Framework, are still onerous for agricultural standards, as hemp is still regarded more as a crop with a low-risk than an ordinary commodity.
In trying to get its arms around hemp cannabinoids, the draft bill narrows the upstream pipeline for CBD while cutting some red tape for grain and fiber growers – then adding some back.
The narrowing of the stream
Cannabinoid manufacturers are most concerned with how hemp is being tested. The shift from total THC to agronomic concerns is driven more by attempts to close loopholes that the hemp industry exploits.
The previous rule only looked at delta-9-THC at the time sampling. New rule includes THCA in total THC. The plant is measured for what it will be, not only what’s visible on the ground. It closes a hole where crops may pass the early test but exceed 0.3% later because THCA transforms to THC in drying and processing.
This results in fewer inputs that are compliant, increased crop risks, and tighter tracking, which all contribute to a smaller supply of hemp flowers and CBD derivatives upstream.
Wither ‘wellness’ CBD
The bill does not resolve core issues. The U.S. Food and Drug Administration retains authority over finished products – covering safety, dosage, labeling and marketing wellness CBD – while Congress has not used the Farm Bill to establish a clear legal pathway for that compound in food or supplements.
This measure will not delay or change the crackdown federally on intoxicating hemp products, already in place by 2025 Appropriations Law. The law targets cannabinoids that are synthetically and chemically modified and has a timeline of November 2026 for enforcement.
The cannabinoid industry is now facing a number of challenges, including restrictions at the farm and product levels, uncertainty at the level of enforcement, as well as a rapid pace in the implementation.
Giveth and taketh
Bill aims at easing the way for grain and fiber operators but exchanges this relief for stricter controls, more documentation and enforcement. Growing is now judged not only by THC content, but whether the production of the growers can be proven to meet industrial requirements.
Producers claiming “industrial hemp” status must prove it. The bill requires documentation—such as certified seed tags, sales contracts, Farm Service Agency filings or harvest methods—and those who fail to provide it are subject to the full testing regime.
What’s that?
This draft will also increase the visibility of hemp production by government. Producers must now be identified not only by location and output, but by type of production – whether they are growing “only industrial hemp” or hemp for any other purpose – information that is folded into USDA’s law-enforcement information-sharing system.
That reflects how the House draft leaves hemp embedded in a regulatory structure tied closely to law enforcement – an approach no other major U.S. crop faces, and one that is likely to endure, reflecting how the growth of intoxicating hemp products has pulled the crop back toward a regulatory framework shaped by its history as a controlled substance.
Additional changes
Additional provisions in the draft strengthens the split system
- Industrial hemp is not subject to the same criminal ban as marijuana: Industrial hemp can remove the 10 year bar on controlled substance convictions.
- The penalty for false “industrial hemp” labeling is also severe: If you grow inconsistent crops, your participation in the program will be suspended for five years.
- New COA requirement for destroyed hemp: In addition to the documentation required for compliance, producers are also expected to provide lab certificates of analysis when they destroy non-compliant crop.
- Industrial hemp now has lighter compliance options States and USDA allow visually inspected seed, certified seeds or performance-based samples instead of full tests.
- USDA gains a laboratory accreditation for hemp: In consultation with DEA the agency must create a certification system for testing laboratories.
Farm Bill doesn’t delay or change the federal crackdown that will take place later this year on products derived from hemp and containing THC. Congressional efforts to interfere have also stalled with no competing amendments being allowed to reach the House Floor.
Frameworks for competing frameworks
In addition to the House Farm Bill the two competing policy proposals from Oregon Democrat Ron Wyden and Kentucky Republican Rep. Andy Barr have the most comprehensive frameworks. They both attempt to answer the still unresolved issue of cannabinoids regulation.
While both proposals aim to rein in intoxicating hemp products and preserve a role for CBD, they diverge sharply in approach—Barr’s Lawful Hemp Protection Act would significantly narrow the cannabinoid market, while Wyden’s Cannabinoid Safety and Regulation Act envisions a broader, federally regulated system.