Hemp Industry Has ‘365 days to Regulate not Ban’ Low-Dose THC and CBD Products

“365 days to regulate not ban” has become the battle cry of the U.S. hemp industry after this week’s Congressional funding bill included language that will ban more than 95% of all hemp extract products.

“The next year will be critical in determining the future of hemp,” said Art Massolo, Cycling Frog’s vice president of business development and president of the U.S. Hemp Roundtable, which represents what they claim is a $28 billion industry – at least at present. They predict it will shrink to $11 billion if the current federal ban is not removed.

Congress’ authorization last week of funding for USDA included the closing of what many call a loophole in the 2018 Farm Bill. In an attempt to foster hemp-growing as an agricultural commodity, the previous Farm Bill allowed the development of products that had up to 0.3% delta-9 THC derived from hemp. Although that’s the intoxicating compound in cannabis, that low a percentage won’t get anyone high.

Hemp seeds are an excellent source of plant-based protein – about 9-10g per 3 tablespoons (30 grams), contain all nine essential amino acids, and they also have omega-3 and omega-6, fiber, vitamins and minerals.

But some companies found creative ways to make products, especially THC drinks and edibles, that exceeded that 0.3% limit, or they added other intoxicating cannabinoids – derived from hemp but not specifically outlawed – such as delta-8 THC, delta-10 THC or synthetic variants, with enough total THC to be intoxicating. Some of those products are copy-cats of branded food, candy and beverage products, and some have been sold to children.

The new rule, which won’t go into effect till Nov. 13, 2026, allows the sale of products with less than 0.4mg of total THC per container – “but those niche items are very rare,” said the Hemp Roundtable. In addition to banning many mildly intoxicating drinks and gummies, the law might also prevent the sale of many items marketed as CBD products and used for medicinal purposes.

“Hemp was able to secure a major concession – 365 days before the language will go into effect,” the roundtable said this week. “The hemp industry now has until November 13, 2026 to help the federal government understand how to regulate hemp and protect Americans, not ban hemp which is essential for the health and wellness benefits treasured by millions of Americans.”

Rep. Morgan Griffith (R-VA) is to introduce a bill that would replace a total ban with “robust” regulation of hemp products, including requiring good manufacturing practices, truth in labeling, bans on synthetic THC and strong measures to keep products out of the hands of children.

“The 2018 Farm Bill gave us a chance to embrace innovation and invest in a profitable crop,” said Ken Meyer, Complete Hemp Processing co-owner and co-chair of U.S. Hemp Roundtable’s Farmer Advisory Council. “Our focus now is education of Congress and building a path that secures hemp for future generations and keeps farmers in business.”