H.R. These amendments are part of H.R. 8646, which is the Fiscal Year Agriculture, Rural Development, Food and Drug Administration, and Related Agency funding bill. The proposals are intended to avoid a federally scheduled ban on certain hemp THC products From November 2026. The ban will be implemented due to provisions of spending legislation that President Donald Trump signed last year. These provisions redefined federally-legal hemp in a way that significantly reduced its scope.
Hemp THC Products – Proposed Regulation Framework
The most comprehensive amendment, entitled “Lawful Hemp Protection Act,” was introduced by Representative Andy Barr (RKY). The 25-page proposal aims to define legal hemp by allowing concentrations up to 1 percent delta-9-THC on a weight-based basis measured in the final consumer product, rather than on raw materials or products still under processing. According to a report by, the amendment excludes all cannabinoids which are either not produced naturally by cannabis plants or synthesized using non-hemp materials. Marijuana Moment You can also find out more about the following: Cannabis Business Times.
The amendment of Rep. Barr includes:
- Labeling requirements: A mandatory per-serving or per-package THC, an age statement for people over 21, and warnings from the government about driving and pregnancy.
- Age Verification: Civil penalties of up to $1000 per offense and the potential for a permit cancellation for repeat violations.
- Taxation: A 5 percent fee will be charged on retail prices of hemp products (excluding drinks) sold interstate. The tax is paid to Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau. The federal government would tax hemp beverages at 5 cents each milligram THC.
- Distribution System The TTB is directed to implement a three tier distribution system for beverages derived from hemp, modelled after the alcohol regulations within a year of their enactment. It also includes retailer licensing and registration.
- Adulteration Standards: Defined hemp products are “adulterated” when they contain more cannabinoids than allowed, do not meet packaging requirements, or were not processed, labelled, packaged and derived exclusively within the United States.
- State Authority It is permissible for states, Indian Tribes and Indian Territories to pass more strict hemp products laws provided that they do not interfere in the passage of goods interstate or delivery.
- FDA Role The Food and Drug Administration must publish a list of cannabinoids and cannabinoids in the tetrahydrocannabinol (THC) class within 90 days.
- Medicare Coverage: Including provisions for Medicare coverage of certain hemp-derived consumable products under specific programs, aligning with a Centers for Medicare & Medicaid Services (CMS) initiative.
- Drivers Under the Influence of Alcohol: Declaring that the states will lose federal funding if they don’t address driving while impaired by hemp using field sobriety standards and punishments similar to those used for alcohol or other impairment substances.
Efforts to prevent delays and enforcement
In addition to Rep. Barr’s comprehensive proposal on the impending prohibition, two Republican members of Congress have submitted amendments. Russell Fry (R, SC) has submitted an amendment to delay for another two years the planned recriminalization. It is suggested that “365” be removed from the section 781 relevant to agricultural spending bills and “3” added. Rep. James Comer, R-KY, filed a separate measure to stop federal officials from using funds to enforce Section 751, which narrowed federally legal hemp’s definition. Rep. Comer, according to reports by Cannabis Business Times.
Industry and Politics
It is anticipated that the House Rules Committee will decide which amendments submitted to H.R. 8646 to the floor for votes. White House officials provided feedback to Rep. Barr on his legislative efforts. They support access to CBD full spectrum products, but also want to reduce products that are harmful to health. According to a report by, the President himself asked Congress to update existing laws in order to maintain access to full spectrum CBD products as well as to help farmers. Marijuana Moment.
These developments are being closely monitored by industry stakeholders and advocacy groups. The Wine & Spirits Wholesalers of America (WSWA) has expressed concern that a ban would push consumers toward unregulated online channels, lacking age verification and product standards. Ted Cruz (R – TX) said that the “uphill” path to preventing federally recriminalizing hemp THC product this year is that it’s scheduled. Hemp Gazette reported that the hemp industry would be forced to undergo significant changes if the federal ban goes through without any legislative action.
Disclaimer: The information contained in this article is not intended to be a substitute for medical advice. Hemp Gazette makes no medical diagnoses or recommendations. Consult a healthcare professional before you make any decision regarding your health. The Therapeutic Goods Administration in Australia (TGA) has not evaluated any statements regarding the therapeutic use of cannabis or hemp-derived products. TGA regulations allow Australians to access medical cannabis through prescription.