Congressional Committee Clarifies That Hemp Ban Isn’t Meant To Restrict ‘Industrial Or Nonintoxicating’ Products

A powerful GOP-led congressional committee amended a report for a spending
bill containing provisions that hemp stakeholders say would upend the
industry, clarifying that the panel does not intend to prohibit
non-intoxicating cannabinoid products with “trace or insignificant amounts
of THC” that were federally legalized during the first Trump administration.

About a week after clearing a subcommittee, the legislation was taken up in
the House Appropriations Committee on Wednesday, where members adopted a
manager’s amendment that provides the clarifying language—albeit in the
report attached to the bill, rather than in the legislative text itself.

The 138-page measure covers a wide range of issues, but for the hemp
industry, there’s a section of particular concern that would redefine hemp
under federal statute in a way that would prohibit cannabis products
containing any “quantifiable” amount of THC or “any other cannabinoids that
have similar effects (or are marketed to have similar effects) on humans or
animals” as THC.

Rep. Andy Harris (R-MD)—chair of the House Appropriations Subcommittee on
Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies—said in opening remarks at the hearing that the legislation
“closes the loop hemphole,” before correcting himself to say “the hemp
loophole from the 2018 Farm Bill.”

He argued that the policy “has resulted in the proliferation of
intoxicating cannabinoid products, including delta-8 and hemp flower, being
sold online and in gas stations nationwide under the false guise of being
‘USDA approved.'”

As many states have stepped in to curb these dangerous project products
from reaching consumers, particularly children, it’s time for Congress to
act to close this loophole while protecting industrial hemp industry,”
Harris said. “Reports that the included language would destroy legitimate
businesses are simply not true, and that’s clear to anyone closely reading
the carefully drafted language that I believe threaded the needle.”

Despite Harris’s strong opposition to cannabis reform and criticism of
intoxicating hemp products, his manager’s amendment to the report notably
expresses the intent of the committee to take a more flexible regulatory
approach to certain cannabis items.

“In determining the quantifiable amounts, the Committee does not intend for
industrial or nonintoxicating hemp-derived cannabinoid products with trace
or insignificant amounts of THC to be affected,” it says.

Update: the attached file replaces the previously-posted file for the
Ag/FDA – Harris (MD) #1 – Manager’s Amendment https://t.co/tQX4KGf1Ir
pic.twitter.com/IGhTZaUZ7o

— House Appropriations Amendments (@AppropsAmendmts) June 12, 2025

But the language in the bill itself would still effectively eliminate the
most commonly marketed hemp products within the industry, as even
non-intoxicating CBD items that are sold across the country typically
contain trace amounts of THC. Under current law, those products are allowed
if they contain no more than 0.3 percent THC by dry weight.

The proposed policy championed by Harris would drastically change that. It
would instead maintain the legal status of “industrial hemp” under a
revised definition that allows for the cultivation and sale of hemp grown
for fiber, whole grain, oil, cake, nut, hull, microgreens or “other edible
hemp leaf products intended for human consumption.”

While there were expectations that the committee would vote on the bill
this week, members ultimately did not finish their work on the legislation.
And with the House on recess next week, it’s not yet clear when they will
do so.

The hemp language is largely consistent with appropriations and agriculture
legislation that was introduced, but not ultimately enacted, under the last
Congress.

Rep. Dan Newhouse (R-WA) said at Wednesday’s hearing that he and Harris
“have worked very hard to protect the industrial hemp industry while
closing loopholes that were created in the 2018 Farm Bill.”

“So, I want to thank everybody for the efforts working on that issue,” he
said. “I think that we’ve come to a very reasonable outcome.”

Hemp industry stakeholders rallied against that proposal, an earlier
version of which was also included in the base bill from the subcommittee
last year. It’s virtually identical to a provision of the 2024 Farm Bill
that was attached by a separate committee last May via an amendment from
Rep. Mary Miller (R-IL), which was also not enacted into law.

There are some differences between the prior spending bill and this latest
version for 2026, including a redefining of what constitutes a
“quantifiable” amount of THC that’d be prohibited for hemp products.

It now says that a quantifiable amount is “based on substance, form,
manufacture, or article (as determined by the Secretary of Health and Human
Services in consultation with the Secretary of Agriculture),” whereas it
was previously defined as an amount simply “determined by the Secretary in
consultation with the Secretary of Health and Human Services.”

The proposed legislation also now specifies that the term hemp does not
include “a drug that is the subject of an application approved under
subsection (c) or (j) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355),” which seems to carve out an exception for
Food and Drug Administration- (FDA) approved drugs such Epidiolex, which is
synthesized from CBD.

A leading alcohol industry association, meanwhile, has called on Congress
to dial back language in the House spending bill that would ban most
consumable hemp products, instead proposing to maintain the legalization of
naturally derived cannabinoids from the crop and only prohibit synthetic
items.

Wine & Spirits Wholesalers of America (WSWA) President and CEO Francis
Creighton said in a press release on Thursday that “proponents and
opponents alike have agreed that this language amounts to a ban.”

“By pushing a rapidly evolving industry back into the shadows, Congress is
creating even more chaos in the marketplace, undermining state initiatives
and punishing responsible actors,” he said. “We urge the full House to
reconsider this approach. States can regulate intoxicating products safely
and effectively through systems that preserve consumer trust and public
safety. It’s time for Congress to follow their lead, not override their
authority.”

Members of Wine & Spirits Wholesalers of America (WSWA) also met with
lawmakers and staffers in April to advocate for three key policy priorities that
the group says is based on “sound principles of alcohol distribution.” They
include banning synthetic THC, setting up a federal system for testing and
labeling products and establishing state-level power to regulate retail
sales.

Separately, key GOP congressional lawmakers—including one member who
supports marijuana legalization—don’t seem especially concerned about
provisions in a new spending bill that would put much of the hemp industry
in jeopardy by banning most consumable products derived from the plant.


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*

Jonathan Miller, general counsel of the U.S. Hemp Roundtable, told
congressional lawmakers in April that the market is “begging” for federal
regulations around cannabis products.

At the hearing, Rep. James Comer (R-KY) also inquired about FDA inaction
around regulations, sarcastically asking if it’d require “a gazillion
bureaucrats that work from home” to regulate cannabinoids such as CBD.

A report from Bloomberg Intelligence (BI) last year called cannabis a
“significant threat” to the alcohol industry, citing survey data that
suggests more people are using cannabis as a substitute for alcoholic
beverages such a beer and wine.

Last November, meanwhile, a beer industry trade group put out a statement
of guiding principles to address what it called “the proliferation of
largely unregulated intoxicating hemp and cannabis products,” warning of
risks to consumers and communities resulting from THC consumption.

Feds Warn Retailers That Accepting Welfare Benefits For Marijuana Or CBD
Could Result In ‘Criminal Prosecution’

*Photo courtesy of Brendan Cleak.*

The post Congressional Committee Clarifies That Hemp Ban Isn’t Meant To
Restrict ‘Industrial Or Nonintoxicating’ Products appeared first on Marijuana
Moment.