Hemp Restrictions in FY2026 Agriculture Appropriations- Insight

The House and Senate Committees on Appropriations have approved FY2026 Agriculture appropriations bills (H.R. 4121 and S. 2256) that would similarly redefine the statutory definition of hemp to restrict the commercial production, sale, and distribution of certain hemp-derived cannabinoid products. House appropriators have expressed that the provision would close "the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products." During Senate committee markup, Senator Mitch McConnell expressed that the existing hemp definition has resulted in "an unintended consequence that has allowed for intoxicating hemp-derived synthetic products to be made and sold," calling for changes to reflect "the original intent of the 2018 farm bill" by closing the loophole. The Senate provision would delay implementation for one year; the House provision does not include this delay. Similar action was debated but not enacted in the 118th Congress.