The hemp industry stands at a critical juncture as regulatory deadlines approach and legislative solutions take shape in Washington. Here’s a comprehensive look at where things stand and what’s coming next.
The Current Situation
Unfortunately, the extension language was not included in the appropriations bill scheduled for a vote by January 30th. However, we continue to have other legislative avenues available before the November deadline.
The November 2026 deadline looms large for hemp farmers and processors across the country. Without legislative intervention, new THC testing requirements will take effect, potentially disrupting operations for thousands of producers who have built their businesses under the current regulatory framework established by the 2018 Farm Bill.
Active Federal Legislation
Two bills have been introduced at the federal level that we are actively working to advance:
1. The Planting Predictability Act
Filed in both the House (H.R. 629) and Senate (S. 193), this bipartisan legislation represents a pragmatic approach to the looming compliance crisis. The bill would extend the current hemp compliance deadline from November 2026 to November 2028, providing farmers with an additional 2 years to transition to new THC testing requirements and giving USDA time to finalize revised regulations.
Why This Extension Matters:
The two-year extension addresses several critical concerns raised by stakeholders across the hemp supply chain. First, it acknowledges the complexity of implementing new testing protocols across thousands of farms in diverse growing conditions. Hemp cultivation involves significant upfront investment in genetics, equipment, and infrastructure—investments that farmers made based on current regulatory standards.
Second, the extension gives stakeholders and lawmakers crucial time to work through thoughtful regulations that don’t kill a $30B industry. The agency has received extensive feedback on proposed regulations, highlighting technical challenges with THC testing methodologies, concerns about crop destruction thresholds, and the need for sampling protocols that reflect real-world growing conditions. Rushing implementation could create unintended consequences that harm compliant operators while failing to address legitimate regulatory concerns.
Third, this breathing room allows state departments of agriculture—which administer most hemp programs under USDA-approved plans—to adjust their own regulations, training programs, and enforcement mechanisms. Many states have expressed concern about their capacity to implement new federal requirements on the original timeline.
The bipartisan nature of this legislation is particularly noteworthy. With sponsors from both parties in both chambers, the Planting Predictability Act demonstrates that hemp is not a partisan issue but rather an agricultural and economic development priority that transcends political divisions.
2. Hemp Enforcement, Modernization, and Protection (HEMP) Act
Filed by U.S. Congressman Morgan Griffith (R-VA) and U.S. Congressman Marc Veasey (D-TX), this comprehensive regulatory framework would establish federal standards for hemp-derived consumer products, create manufacturing and testing requirements, and provide regulatory certainty for the industry while protecting consumers.
We believe this is a starting point that still requires changes. Most notably, we do not agree with low mg cap limits.
A Comprehensive Regulatory Framework:
The HEMP Act attempts to address the broader regulatory issues that have allowed bad actors into the market. While the Farm Bill legalized hemp cultivation and removed it from the Controlled Substances Act, it left some gaps in how hemp-derived products should be regulated.
The HEMP Act would establish:
- Federal product standards: Clear definitions and requirements for hemp-derived consumer products, addressing the current patchwork of state regulations that create compliance challenges for interstate commerce
- Manufacturing requirements: Good manufacturing practices (GMP) standards to ensure product safety and consistency, similar to those applied in other regulated industries
- Testing protocols: Mandatory third-party testing requirements for potency, contaminants, and other quality parameters, giving consumers confidence in product labels
- Labeling and marketing standards: Rules governing health claims, serving sizes, and consumer warnings to prevent misleading marketing while allowing accurate product information
- Age restrictions and retail requirements: Common-sense guardrails to keep products out of the hands of minors while preserving adult access
The Path Forward:
The sponsors acknowledge that this bill still needs adjustments, but it represents a good starting point for conversations about comprehensive hemp regulation. Industry stakeholders have generally welcomed the effort to create federal clarity, though specific provisions continue to generate debate.
Some areas requiring further refinement include the appropriate regulatory home for hemp products (FDA, USDA, or a hybrid approach), the balance between federal standards and state authority, and how to handle the existing market of products that may not meet proposed new standards.
Legislative Strategy and Timeline
We are working diligently to promote these bills as potential independent regulatory pathways or have their provisions included in other legislative vehicles before the November deadline.
Multiple Pathways to Success:
Legislative advocates are pursuing several strategies simultaneously:
- Standalone passage: Working with bill sponsors to build support for floor votes on either or both bills in their current form
- Amendment strategy: Seeking opportunities to attach hemp provisions to larger agricultural, appropriations, or commerce bills
- Farm Bill inclusion: Though the 2024 Farm Bill process stalled, any future Farm Bill reauthorization presents a natural vehicle for hemp provisions
- Continuing resolution provisions: If Congress passes continuing resolutions to fund the government, these sometimes include policy riders that could carry hemp language
What Stakeholders Can Do
The coming months will be critical for the hemp industry’s future. Farmers, processors, retailers, and consumers who care about this issue should:
- Contact your representatives: Let your U.S. House member and Senators know you support the Planting Predictability Act and urge them to co-sponsor or vote for this legislation
- Share your story: Personal stories about how hemp farming or businesses impact your community, employment, and livelihood resonate with lawmakers
- Engage with industry associations: Organizations like the Texas Hemp Business Council are coordinating advocacy efforts at state and federal levels
- Monitor developments: The legislative landscape can shift quickly; staying informed helps you respond when action opportunities arise
- Prepare for scenarios: While working toward legislative solutions, develop contingency plans for different regulatory outcomes
Donate or Become a Member
The path forward remains uncertain, but with sustained advocacy and legislative creativity, there are still opportunities to address the hemp industry’s regulatory needs before the November 2026 deadline. The next several months will determine whether Congress acts to provide the predictability and framework this emerging industry needs to thrive.
