Why Section 759 Threatens to Destroy the Hemp Industry—And What You Can Do About It

Despite a government shutdown, federal funding bills are moving quickly through Congress—and buried within them is language that could wipe out the entire hemp industry nationwide.

 

Section 759 of the House FY26 Agriculture–FDA Appropriations bill (included in the MilCon-VA, Ag, Leg. Branch minibus) would fundamentally redefine hemp in ways that threaten hundreds of thousands of jobs, billions in economic activity, and the livelihoods of farmers, manufacturers, and retailers across Texas and the nation.

 

This is not a drill. Congressional leaders need to hear from you now.

 

What is Section 759?

Section 759 is an amendment to the appropriations bill that would drastically change the legal definition of hemp established under the 2018 Farm Bill. If passed, it would:

1. Invalidate Compliant Hemp Genetics

The 2018 Farm Bill legalized hemp with a clear definition: cannabis plants containing no more than 0.3% delta-9 THC by dry weight. Section 759 changes this standard in ways that would render previously compliant hemp genetics suddenly illegal—effectively wiping out years of agricultural progress and investment.

2. Ban State-Regulated Hemp Products

Many states, including Texas, have established robust regulatory frameworks for hemp products. Section 759 would override these state programs and ban products that are currently legal and safely regulated at the state level.

3. Eliminate the Strongest Market for U.S. Hemp Farmers

Hemp-derived products represent the most valuable end market for American hemp farmers. By banning these products, Section 759 would eliminate the primary revenue stream that makes hemp farming economically viable—leaving farmers with crops they cannot sell.

4. Threaten Over 300,000 American Jobs

The hemp industry supports more than 300,000 jobs across the United States in farming, manufacturing, retail, distribution, testing, and ancillary services. Section 759 would eliminate most of these jobs overnight.

 

Read Section 759 for Yourself

Full Text of Section 759

Sec. 759. Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended—

(1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and

(2) by striking paragraph (1) and inserting the following:

“(1) HEMP.—

“(A) IN GENERAL.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis.

“(B) INCLUSION.—Such term includes industrial hemp.

“(C) EXCLUSIONS.—Such term does not include—

“(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or

“(ii) any hemp-derived cannabinoid products containing—

“(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

“(II) cannabinoids that—

“(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and

“(bb) were synthesized or manufactured outside the plant; or

“(III) quantifiable amounts based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture) of—

“(aa) tetrahydrocannabinol (including tetrahydrocannabinolic acid); or

“(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol (as determined by the Secretary of Health and Human Services in consultation with the Secretary Agriculture).

“(2) INDUSTRIAL HEMP.—The term ‘industrial hemp’ means hemp—

“(A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, prep-aration, or manufacture of such a stalk;

“(B) grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant;

“(C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol con-centration specified in paragraph (1)(C)(i);

“(D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; or

“(E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D).

“(3) HEMP-DERIVED CANNABINOID PRODUCT.—

“(A) IN GENERAL.—The term ‘hemp-derived cannabinoid product’ means any intermediate or final product derived from hemp (other than industrial hemp), that—

“(i) contains cannabinoids in any form; and

“(ii) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.

“(B) EXCLUSION.—Such term does not include a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).”.

 

Why This Isn’t About Consumer Safety

Proponents of Section 759 claim it’s about protecting consumers. That’s misleading.

 

The real issue is that the FDA has failed for years to establish a regulatory framework for hemp-derived products despite being mandated to do so under the 2018 Farm Bill. Rather than addressing this regulatory gap, Congress is attempting to eliminate the industry entirely.

Consider the facts:

    • States like Texas have implemented comprehensive hemp regulations with testing requirements, labeling standards, and age restrictions

    • The hemp industry has been operating transparently, paying taxes, and following state laws

    • Farmers, manufacturers, retailers, and state regulators all oppose Section 759

    • No credible public health crisis has emerged from state-regulated hemp markets

This isn’t about safety—it’s about shutting down a legal, tax-paying industry instead of doing the hard work of proper federal oversight.

 

The Economic Impact on Texas

Texas is home to a thriving hemp industry that includes:

    • Hemp farmers across rural communities

    • Manufacturing facilities creating jobs and tax revenue

    • Thousands of retail locations serving consumers

    • Testing laboratories ensuring product safety

    • Ancillary businesses supporting the supply chain

If Section 759 passes, all of this goes away.

Small businesses that invested in compliance, farmers who planted legal crops, and workers who depend on industry jobs will be left with nothing. Meanwhile, states like Texas that did the responsible work of regulating hemp will see their efforts undermined by federal overreach.

 

What Happens Next?

The appropriations bill containing Section 759 is moving quickly through Congress. Senate Appropriations Committee leadership will play a crucial role in determining whether this language stays in the final bill.

That’s why we need you to act now.

 

Take Action: Three Ways to Make Your Voice Heard

1. Contact Senate Appropriations Committee Members

Use our Action Center to send a direct message to Senate Appropriations leadership urging them to strike Section 759 from the bill.

TAKE ACTION: EMAIL MEMBERS OF CONGRESS TODAY

Takes less than 2 minutes

 

2. Activate Your Customers & Community

If you operate a hemp business, your customers are stakeholders too. Help them understand what’s at stake and how to take action.

Download our in-store flyer:
Print and display this flyer to encourage customers to contact their representatives.

DOWNLOAD ACTION FLYER

 

3. Amplify Hemp Advocacy Content on Social Media 

Follow us on social media and help to amplify our content. 

Post your own advocacy content to activate consumers and members of the public. 

 

Correcting Misinformation

Important Update: Misleading news circulated recently claiming that Section 759 had been removed from the appropriations bill. This is false.

 

As of 11/2/25, Section 759 remains in the bill. Anyone claiming otherwise is spreading misinformation. We will update this blog immediately if the situation changes.

 

Bookmark this page and check back for updates.

 

The Bottom Line

Congress has had years to work with the hemp industry on appropriate federal regulation. Instead, they’re trying to eliminate the industry with the stroke of a pen—hidden in a funding bill most people will never read.

 

Hemp is legal. The industry is thriving. Farmers are feeding their families. Small businesses are creating jobs. States are successfully regulating products.

 

Section 759 threatens all of it.

 

Don’t let Washington take away what Americans have built.