Senate Committee Moves to Redefine Hemp and Close Legal Loophole Allowing Intoxicating Cannabinoid Products
Senators Approve Bill With Sweeping Implications for the Hemp Industry and Its Most Profitable Products
Senate lawmakers unanimously approved the fiscal 2026 Agriculture Appropriations Act, a 136-page spending bill that allocates over $27 billion in discretionary funding for farming, rural development, nutrition, and medical research. But hidden in the bill’s language is a redefinition of hemp that could reshape the entire hemp-derived cannabinoid market—especially the booming industry surrounding synthetic intoxicating compounds such as delta-8 THC.
Legislation Targets Synthetic Cannabinoids, THC Derivatives, and Unregulated Hemp Products Marketed to Youth
Led by the Senate Appropriations Committee with 27 votes in favor, the bill includes provisions to revise the legal definition of hemp in a way that prohibits intoxicating products created from hemp derivatives. These changes are designed to close what lawmakers refer to as a “loophole” in the 2018 Farm Bill—legislation that federally legalized hemp with less than 0.3% delta-9 THC but did not clearly address other psychoactive compounds such as delta-8 and THC-O.
The committee summary cites concerns over intoxicating hemp products marketed in child-friendly formats—such as candy or cereals—often with misleading branding. These items have surged in popularity in recent years under the guise of legality, while federal regulators and states struggle to implement clear safety frameworks.
Mitch McConnell Says New Language Reflects Original Intent of the 2018 Farm Bill to Support Agricultural Hemp
Senator Mitch McConnell (R-Ky.), the original architect of the hemp legalization language in the 2018 Farm Bill, expressed disappointment that the law unintentionally opened the door to what he called an “unregulated, intoxicating” product market. McConnell emphasized that his goal was to promote agricultural hemp for grain and fiber—not support lab-made psychoactive substances.
The new bill aligns with McConnell’s renewed efforts to bring the law back to its agricultural roots and prevent hemp-derived intoxicants from reaching consumers, especially children.
New Hemp Definition Would Outlaw Products With Synthetic or Psychoactive THC Derivatives
Under the Senate’s newly proposed definition, hemp products containing synthetic cannabinoids or any measurable amounts of psychoactive THC or THCA would be banned from commercial sale. This includes popular substances like delta-8 THC and THC-P, often synthesized from CBD through chemical processes.
The legislation grants authority to the U.S. Secretary of Health and Human Services to determine what constitutes “quantifiable amounts,” giving regulators broad oversight powers in defining thresholds for prohibited substances.
Industrial Hemp for Grain, Fiber, or Immature Plant Harvest Still Permitted Under the Senate Plan
In contrast to the crackdown on cannabinoid products, the bill preserves protections for farmers cultivating industrial hemp. Products made from mature stalks, seeds, or immature plants—such as hemp microgreens—will still be allowed, as long as they stay below the 0.3% THC threshold by dry weight.
Importantly, the bill also includes a one-year delay in implementing the new definition of hemp, allowing time for industry adaptation and regulatory planning.
Concerns Grow Over Unintended Consequences for Nonintoxicating Hemp Products Like CBD
While the bill is aimed at intoxicants, some lawmakers expressed concern that it may also hinder the legal CBD industry. Senator Jeff Merkley (D-Ore.) voiced his apprehension during the committee’s markup session, cautioning that overly broad definitions could inadvertently sweep up safe, nonintoxicating hemp-derived products used widely for wellness and healthcare.
Merkley called for continued collaboration with McConnell and the committee to ensure that non-psychoactive CBD products remain accessible and regulated rather than banned.
Industry Groups Support Regulation Over Prohibition and Push for Clarification on CBD’s Legal Status
Jonathan Miller, general counsel of the U.S. Hemp Roundtable, praised the committee’s intent to restrict dangerous synthetic products and protect minors. However, he cautioned against using prohibition to solve the problem and advocated for a regulatory approach instead.
Miller warned that an outright ban on over 90% of consumable hemp products could cripple the industry. Instead, he and others support clear federal standards that differentiate between harmful synthetics and legitimate wellness products like CBD oil, tinctures, and edibles.
American Trade Association of Cannabis and Hemp Supports Distinctions Between Intoxicating and Natural Products
Chris Lindsey, Vice President of Policy and State Advocacy for the American Trade Association of Cannabis and Hemp (ATACH), noted that the Senate bill does provide crucial distinctions. He pointed out that natural, nonintoxicating hemp products like CBD are explicitly recognized and would be protected under the legislation.
The bill also gives the Health and Human Services Secretary the power to set THC limits in these products, allowing manufacturers to navigate clear, federally backed compliance guidelines.
Senators Direct FDA to Collaborate With Industry on Science-Based Hemp Product Regulations
Recognizing the complexity of the issue, the Senate Appropriations Committee directed the FDA to work directly with stakeholders—including small businesses, researchers, and health experts—to develop science-based regulatory standards.
The committee acknowledged the strong demand for hemp-derived products and emphasized the need for a clear regulatory path forward to support safety, innovation, and consumer trust.
Federal Lawmakers Warn Against Cannabis Products That Violate FDA Rules and Make Medical Claims
Although the bill itself does not attempt to regulate federally illegal cannabis, the committee’s report included strong language criticizing the sale of cannabis products that violate the Federal Food, Drug, and Cosmetic Act (FFDCA). Lawmakers highlighted concerns over false medical claims made about cannabis curing COVID-19 or cancer and warned that such products present real risks to consumers.
Bill Signals Major Shift in Federal Approach to Hemp Industry With Potential Ripple Effects Across States
The Senate’s advancement of this legislation marks a pivotal moment for the hemp industry in the U.S. While it preserves the right to cultivate industrial hemp, it signals a clear intent to eliminate synthetic and intoxicating cannabinoid products from the marketplace.
If signed into law, the bill would set a new precedent in regulating hemp-derived substances and significantly reshape how CBD and other cannabinoid products are produced, marketed, and sold in America. The next steps will likely involve further negotiation in the full Senate, possible reconciliation with the House version, and close scrutiny from both industry advocates and consumer safety groups.
