On June 23, 2025, the U.S. House Appropriations Committee approved the FY2026 Agriculture Appropriations Bill, which includes a provision that could significantly alter the legal landscape for hemp-derived cannabis products. The measure, introduced earlier this month by the subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, proposes to amend the federal definition of hemp in a way that would prohibit the commercial production, sale, and distribution of certain hemp-derived products.
Specifically, the proposed language would exclude from the legal definition of hemp any product that contains more than 0.3% THC on a dry weight basis, as well as any products that are synthesized or are marketed for their intoxicating effects. This would encompass a wide range of hemp-derived products which have become widely available since the passage of the 2018 Farm Bill.
Supporters of the measure, including Subcommittee Chair Representative Andy Harris (R-MD), argue that it closes a loophole in the 2018 legislation that has allowed intoxicating hemp products to proliferate without adequate regulation. Harris emphasized that the provision aligns with broader public health goals and reflects the policy direction of the Trump administration. However, the proposal has drawn strong opposition from hemp industry stakeholders who warn that the bill would kill the rapidly growing sector, particularly in states where marijuana remains illegal and hemp-derived THC products serve as a legal alternative.
The Michael Best Strategies and Cannabis teams will continue to monitor the legislative process closely and provide updates as the situation evolves.
Please contact your Michael Best attorney to discuss how these changes may impact your business.
* This article also includes contributions by Mackenzie Friedman, Summer Associate (a Michael Best professional not admitted to practice law) and Julian Woods, Summer Associate (a Michael Best professional not admitted to practice law).