A federal spending bill that’s advancing in the House would “effectively” prohibit hemp-derived cannabinoid products, including CBD, congressional researchers say.
In a report published by the Congressional Research Service (CRS) last week, legislative analysts looked at the potential impact of hemp-related provisions that advocates and stakeholders say would devastate a core sector of the industry.
While report language attached to the 2026 appropriations bill was recently amended to clarify lawmakers’ intent not to disrupt the non-intoxicating cannabinoid market—signaling that products like CBD shouldn’t be banned—the legislation itself hasn’t changed and could still jeopardize the industry without further amendments to its provisions.
The CRS analysis, which came out after the bill’s report language was revised, seems to validate the industry’s concerns about the legislation, explaining how it would “expand on the existing statutory definition of hemp,” which currently means cannabis containing no more than 0.3 percent THC by dry weight, “to include industrial hemp products and exclude hemp-derived cannabinoid products.”
“Excluding hemp-derived cannabinoid products from the federal definition of hemp effectively would prohibit production and sale of hemp-derived cannabinoids, derivatives, and extracts thereof, including cannabidiol (CBD),” it says. “Excluded cannabinoids would cover also non-naturally occurring and synthesized or manufactured compounds.”
“The proposed provision would make other broader changes to the hemp definition by changing the allowable limits of THC—the leading psychoactive cannabinoid in the cannabis plant—to be determined on the basis of its total THC, including tetrahydrocannabinolic acid (THCA), instead of delta-9 THC. This would codify the regulatory practice established in USDA’s 2021 final hemp regulations. The provision would exclude from hemp ‘any viable seeds from a Cannabis sativa L. plant’ that exceed a total THC (including THCA) of 0.3 percent in the plant on a dry weight basis.”
As it stands, the legislation has cleared a House Appropriations subcommittee—but while it was discussed in the full committee last week, members ultimately did not act on it before recessing for a district work period. The panel is set to take the bill back up next week.
Before breaking, however, the full panel did adopt a manager’s amendment to the attached report from Rep. Andy Harris (R-MD), a vocal opponent of cannabis reform. Despite his personal opposition, the revised report clarifies 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.
“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.
Harris said in opening remarks at last week’s hearing that the legislation closes “the hemp loophole from the 2018 Farm Bill.”
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