White House Asks Congress to Change 2026 Hemp Law

The hemp law that takes effect on November 12, 2026, effectively criminalizes any hemp-derived product containing more than 0.4 milligrams of total THC per package. Total THC references all types of THC, including delta-9, delta-8, and all types of synthetic THC. Many full spectrum CBD products will be eliminated, and some broad spectrum CBD products are at risk. The White House is asking Congress to change the federal hemp regulations and prevent the federal crackdown on hemp products.

In a letter to Congress, White House Office of Management and Budget Director Russell Vought officially asked for the changes. The White House supports legislation similar to an amendment that Representative Andy Barr of Kentucky had previously introduced, but that was blocked from a House vote. His amendment kept many hemp-derived products legal while adding new taxes and labeling requirements. Barr plans on introducing new legislation again.

The White House believes the current law threatens full spectrum CBD products that millions of Americans use for therapeutic and wellness reasons. Many Americans are experiencing significant benefits from CBD. The administration explained in a letter that it wants people to have continued access to safe and appropriate CBD products and asks Congress to update the legal definition of CBD products made with hemp extract. In addition, hemp cultivation is a growing industry, with U.S. farmers growing approximately $75 billion of hemp crops in 2025. The November law will cause great financial harm to hemp farmers, as well as hemp-derived product producers.

The 2018 Farm Bill legalized hemp products containing less than 0.3% THC. Since then, products with other types of THC, including synthetic THC, have appeared in the marketplace. Since they are not mentioned in the 2018 Farm Bill, intoxicating CBD products are being sold in an unregulated market. This has prompted the new legislation that will take effect on November 12, 2026.

The administration recently launched a Medicare pilot program that provides eligible seniors with up to $500 annually for certain CBD products. The products are allowed to contain limited amounts of THC and must meet federal and state laws and regulations.

The intervention of the White House is welcomed by industry advocates, hemp farmers, and CBD producers of quality, legal products. It could, at a minimum, help delay the law’s implementation, which is set to take effect in November.