22d • General discussion
Congress has made CBD hemp medicine illegal again
As a veteran who has spent 25 years plus healing and also using cannabis in various forms, I know the difference between marijuana cannabis and CBD or hemp. I do not get high on CBD or hemp and if it’s full spectrum and has a trace amount of THC that help create the healing properties that CBD works with the body then that is acceptable because I don’t get high on CBD so these politicians are full of shit. The following is information about the bill and how we can counter it.
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Bill name / number
- The measure is part of the FY 2026 Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, incorporated into the government-funding “minibus”/continuing resolution to reopen the government.
- According to the Congressional Research Service (CRS), the provisions are tied to the bills H.R. 4121 (§ 759) (House committee version) and S. 2256 (§ 781) (Senate committee version) in the Agriculture Appropriations context.
- The CRS product is titled “Hemp Restrictions in FY2026 Agriculture Appropriations” (CRS Insight IN12565).
Key language / how it was written
Here are the major drafting features and how they’re phrased:
- The bill redefines “hemp” in 7 U.S.C. §1639o (the statutory definition from the 2018 Farm Bill) by requiring that hemp have a “total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid [THCA]) of not more than 0.3 percent on a dry weight basis.”
- It distinguishes “industrial hemp” (grown for fiber, grain/seed, seed cake, oil, etc., or immature plants or research) from “hemp-derived cannabinoid products” (intermediate or final products derived from hemp and intended for human or animal consumption/inhalation/topical).
- It excludes from the legal hemp definition: “Any intermediate hemp-derived cannabinoid products … marketed or sold as a final product or directly to an end consumer for personal or household use.” “Any cannabinoids that are synthesized or manufactured outside the plant or not capable of being naturally produced by the plant.”
- It places product limits: under the new language, finished hemp-derived cannabinoid products cannot have more than 0.3% total THC (including delta-9 THC, THCA, or similar) on a dry weight basis and may not exceed 0.4 milligrams of total THC per container (the “container” being the innermost wrapping, packaging or vessel).
- It gives a delayed effective date: the legislation (if enacted) would not take full effect immediately, giving roughly a one-year transition period for the industry.
- The language was inserted as an appropriations provision (in a spending bill), not as standalone hemp-regulation legislation, which is notable because it means it was “tucked into” the funding package.
Why this matters / effect
- These changes would dramatically reduce the types of hemp-derived cannabinoid products that qualify as legal “hemp” under federal law, by shifting from the 2018 Farm Bill standard of “no more than 0.3% delta-9 THC on a dry weight basis” to “no more than 0.3% total THC (including THCA) + no more than 0.4 mg total THC per container.”
- Products like full‐spectrum CBD items, hemp flower with THCA, delta-8 THC, HHC, other minor cannabinoids currently marketed in many states may be swept out of compliance under the narrower definition.
- For your context (given your interest in hemp/cottage regulation in Colorado) this means that even if you were producing under state law, once federal law changes it could create conflicts or enforcement risks.
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How a reversal or modification could happen
- Future appropriations bill or omnibus package Because the current restrictions were inserted into a fiscal‐year appropriations act (rather than a stand-alone regulatory statute), Congress can change or repeal them in the next year’s funding legislation. For example, the next agriculture/farm/related appropriations bill (or the next continuing resolution) could amend or remove the language that re-defines “hemp” and sets the product limits (0.3 % total THC + 0.4 mg per container).
- Farm Bill reauthorization or separate statutory legislation Another route is through the next reauthorization of the Agriculture Improvement Act of 2018 (often referred to as the Farm Bill) or a dedicated hemp/…”cannabinoid product” regulation bill. Changing the underlying law rather than just the appropriations rider would provide a more stable long‐term fix. If the industry and its allies build enough political momentum, they could seek a carve‐out or regulatory framework that restores broader legality (under certain conditions) for hemp‐derived products.
- Amendment/roll‐back strategy Industry stakeholders, states, and legislators can push for amendments to the next funding bill to remove or adjust the controversial language (for example, raising the 0.4 mg limit, clarifying what “synthesized” means, allowing certain cannabinoid derivatives under regulated frameworks). For example, one senator tried an amendment to strip the hemp language but it failed. In practical terms, this means lobbying, coalition-building, and getting a sufficient number of representatives and senators on board.
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Congress has made CBD hemp medicine illegal again
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