Final 2027 House Bill Could Redefine Legal Hemp-Derived Products

The 2027 Agriculture Appropriations Act, passed by the House of Representatives on June 4, 2026, is headed to the Senate for consideration. The language in the bill maintains the 2018 Farm Bill’s 0.3% total THC by dry weight limit in hemp-derived products, but it excludes synthetic cannabinoids or cannabinoids not naturally produced by the hemp plant to address intoxicating products made from hemp.

This bill reflects the continuing disagreement on the legal status of hemp-derived THC. The 2018 Farm Bill did not define THC. It only said products could not contain more than 0.3% THC by dry weight. As a result, there are CBD products that now contain synthetic THC. CBD is non-intoxicating, but many of the products containing synthetic THC are intoxicating.

Out of concern for the safety of cannabinoid products, a federal law taking effect on November 12, 2026, changes the definition of the legal amount of THC allowed in hemp-derived products. Current law restricts THC to less than 0.3% by dry weight. The new law restricts THC to 0.4 milligrams per package and considers total THC and not just delta-9 THC.

The effect of these laws is that hemp-derived products containing more than 0.4 milligrams of total THC per package will become illegal and treated as Schedule 1 controlled substances. Many CBD products that are legally sold now will become illegal. People who depend on these products for health and wellness reasons will no longer have easy access to them.

These new laws are happening at the same time as broader changes in federal cannabis policy are being implemented. President Trump signed an executive order in 2026 to speed up the rescheduling of cannabis since it has medicinal qualities. The Department of Justice eased federal restrictions on marijuana products and supports expanded CBD and cannabis research. There is now a program in place in which seniors on Medicare can access certain cannabis products, and Medicare will cover the cost. The President wants the hemp laws to enable consumers to access full spectrum CBD products that are safe.

States are also establishing cannabis regulatory frameworks. For example, Illinois has proposed legislation to establish licensing requirements and quality standards for CBD manufacturers, as well as pathways for hemp businesses to operate legally. New Jersey has passed legislation that establishes rules for hemp products, medical cannabis, and intoxicating hemp beverages.

A ban on THC derived from hemp would affect thousands of businesses that have invested significant amounts of money to start and grow their operations. It would also cut off consumer access to products that provide wellness benefits. What is needed are clearer yet fair and reasonable federal regulations and oversight that improve consumer safety and product honesty regarding content and labeling.

The laws should ensure people can continue to access full spectrum CBD products that are improving their quality of life. The current mishmash of regulations is undermining market certainty and raising consumer concerns that helpful wellness products will become unavailable.