This latest version of the FY2026 Agriculture Spending Bill represents a fundamental revision of federal hemp laws, replacing 2018 Farm Bill’s narrow focus of delta-9 THC by a more comprehensive, restrictive framework.
(All quotations from Section 781, “Definition of Hemp,” which amends § 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o))
Delta-9 and Total THC Hemp is defined in the 2018 Farm Bill as Cannabis sativa (L.) The new bill extends this limit to “total tetrahydrocannabinols (including tetrahydrocannabinolic acid, or THCA)”, ensuring that all potential psychoactive components are captured in the calculation. The new bill extends this limit to “total tetrahydrocannabinols (including tetrahydrocannabinolic acid, or THCA)”, ensuring all potential psychoactive components are captured in the calculation. The change removes the grey legal area which allowed cannabinoids like delta-8 THC and high-THCA flowers to be classified as hemp.
“‘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 tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) Not more than 0.3 per cent on dry weight.”
Reversal of the ‘Any Detectable’ Standard: The House and Senate had earlier drafted legislation that would have banned products containing any detectable or quantifiable amount The threshold would have made even trace amounts of THC illegal. This compromise bill reinstates the numerical limit of 0.3 percent, which aligns with the original Farm Bill. However, it expands its reach to cover all forms of THC as well as any cannabinoid that has similar effects.
“Within one year of enactment, the weight would apply to total THC—including delta-8 and other isomers… Legal hemp products would be limited to a total of 0.4 milligrams of total THC or any other cannabinoids with similar effects.”
Addition of an 0.4mg Capper Container New consumer product thresholds stipulate that finished products containing more THC than the 0.4 milligram limit or THC like cannabinoids in each container are not considered hemp. It effectively prohibits the majority of full-spectrum or broad-spectrum products that typically contain traces THC over this level.
“Any final hemp-derived cannabinoid product containing… more than 0.4 milligrams combined total per container of total tetrahydrocannabinols (including tetrahydrocannabinolic acid) and any other cannabinoids with similar effects (or marketed to have similar effects) shall not be considered hemp.”
The Explicit ban on Synthetic Cannabinoids and their Converted Forms: It closes the CBD to delta-8 conversion loophole which is responsible for a large part of the market’s intoxicating hemp.
“The term ‘hemp’ does not include … any intermediate hemp-derived cannabinoid product that contains—
Cannabis sativa L. cannot produce cannabinoid i.
Cannabinoid (ii), which can be produced naturally by Cannabis sativa, but must be synthesized outside this plant.
Creation of a ‘Similar Effects’ Standard: First time ever, the composition of hemp products is not evaluated only according to its chemical content but also by their effects. Cannabinoid products that produce psychoactive effects, similar to THC, may be classified as intoxicants and removed from hemp definition. This determination will be made by the Secretary for Health and Human Services.
“… more than 0.3 percent combined total tetrahydrocannabinols (including tetrahydrocannabinolic acid) and any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).”
Limitation of legal hemp uses: ‘Industrial hemp’ is now restricted to non-intoxicating applications—such as fibre, seed, and research, while consumable cannabinoid products are carved out as a separate, regulated category.
“‘Industrial hemp’ means hemp used only for—
(A) stalks for fibre or other non-cannabinoid derivatives…
The seeds that have been used in the production of grain, oil or cake as well as hulls and nuts are also not considered cannabinoid.
(C) plants immature used as microgreens, edible leaves or (from low-THC seed);
(D) plants used solely for research…; and
Only the material above can be used to produce viable seeds.
FDA oversight and the One-Year grace period: Producers will have 365-days to make any necessary changes. The FDA will publish lists within 90 days of cannabinoids that are naturally occurring and have THC-like properties, effectively setting the limits of the legal trade and production.
“Within 90 days of enactment, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall publish—
The FDA has compiled a list that includes all the cannabinoids which are known to be produced in nature by cannabis. Cannabis sativa (L.) plant…
(2) a list of all tetrahydrocannabinol-class cannabinoids known to the agency to be naturally occurring in the plant; and
(3) a list of all other cannabinoids known to FDA to have or marketed to have similar effects to tetrahydrocannabinol-class cannabinoids.”
In short, while the numeric THC limit remains 0.3 per cent, the expanded definition of what counts as THC, combined with new potency caps, synthetic bans, and ‘similar effects’ language, means the vast majority of hemp-derived cannabinoid products that are currently legal would no longer qualify as hemp once the new rules take effect.