Congress Refuses to Delay Ban of Hemp-Derived THC Ban in a Funding Bill
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Congressional leaders have removed language from a spending bill that would have temporarily delayed the implementation of a prior bill that limits THC to 0.4 milligrams per package. The limit is set to become effective as of November 2026 and will effectively make most non-intoxicating CBD products illegal. Removing the bill’s language also likely delays the current administration’s promise that insurance, including Medicare, would provide coverage of CBD treatments and keeps the hemp industry in turmoil.
When Congress passed a bill ending the government shutdown, it also contained language redefining legal hemp under federal law. Starting in November 2026, products made from hemp cannot have more than 0.4 mgs of THC per package. This dosage is so low that it effectively makes most CBD products illegal except for those made with isolate CBD.
The current temporary spending package will expire on January 31, 2026, so a new funding bill will be needed. Some Congressional members responded to the hemp industry’s request to delay the implementation of the hemp THC ban by inserting such language into the bipartisan funding bill being negotiated.
Since the Republican Party holds a slim majority, individual members of Congress have significant leverage. As a result, enough members of the House Freedom Caucus were able to get the THC ban reprieve language removed. The man leading the Caucus is U.S. Representative Andy Harris, a Maryland Republican who wrote the original ban language. Kentucky U.S. Senator Mitch McConnell supports him.
The story does not end here, because the Hemp Roundtable is conducting heavy lobbying and continues to recruit Representatives in Congress who are willing to support an extension of the hemp ban implementation. Jonathan Miller, general counsel of the U.S. Hemp Roundtable, said,
“I’m cautiously optimistic we’re going to get an extension. We might not get it at the end of this month, but I feel like we have a lot of momentum to get one over the next several weeks before it’s crunch time for our farmers with their planting decisions.”
When President Trump authorized the rescheduling of marijuana, he also said seniors would be able to seek reimbursements through health insurance providers, including Medicare, for non-intoxicating CBD treatments. Mehmet Oz, administrator of the Centers for Medicare & Medicaid Services (CMS), indicated that reimbursements of up to $500 for CBD products that meet state and local quality and safety standards could be approved. However, the reimbursement depends on Congress not banning CBD products with the non-intoxicating amount of THC currently allowed.
Congress is keeping the hemp industry and people who rely on CBD products for health reasons in turmoil. Until Congress extends the ban’s implementation date, other agencies, such as the Centers for Medicare & Medicaid Services and the U.S. Department of Agriculture, are unlikely to act.
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