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Bipartisan Bill Would Delay Federal Hemp Ban Until November 2028

Bipartisan Bill Would Delay Federal Hemp Ban Until November 2028

# Bipartisan Bill Would Delay Federal Hemp Ban Until November 2028

A House measure introduced by Rep. Jim Baird (R-Ind.) with Republican and Democratic co-sponsors would extend the effective date of Section 781 by three years, giving the $28 billion hemp industry additional time to adjust to sharply lower THC limits.

Author: CBDWorldNews Editorial Staff
Date: April 13, 2026

A bipartisan group of House lawmakers is pushing legislation that would postpone the federal hemp product ban scheduled to take effect November 12, 2026. The Hemp Planting Predictability Act, filed as H.R. 7024, would replace the current 365-day implementation window in last year’s continuing resolution with a three-year window, effectively moving the compliance deadline to November 12, 2028.

Rep. Baird introduced the bill in January with co-sponsors including Rep. James Comer (R-Ky.) and Rep. Angie Craig (D-Minn.). The measure has picked up additional support in recent weeks as state legislatures in Ohio, Texas, Pennsylvania, and Rhode Island move to align their hemp statutes with the coming federal standard.

What the Ban Does

Section 781 of the 2026 appropriations package redefined hemp by swapping the 2018 Farm Bill’s 0.3% delta-9 THC threshold for a total THC standard. Under the new definition, hemp-derived consumable products may contain no more than 0.4 milligrams of total THC per container. That figure includes delta-9, delta-8, THCA, and other THC-class cannabinoids.

The U.S. Hemp Roundtable estimates the rule would disqualify roughly 95% of hemp-derived cannabinoid products currently on shelves. The trade group projects losses of more than 300,000 jobs and $1.5 billion in aggregate state tax revenue if the rule takes effect as written.

The Case for a Delay

Supporters of H.R. 7024 argue that the one-year implementation period does not give farmers enough time to replant, reformulators enough time to reconfigure supply chains, or regulators enough time to draft the guidance the law requires. The FDA has already missed its February 10 deadline to publish the three cannabinoid lists Congress ordered.

“Farmers make planting decisions years in advance. Giving them one growing season to pivot away from cultivars that meet the current standard is not a policy, it is a sentence.”

Supporters also point to the Medicare CBD pilot program that launched April 1, which is routing federally compliant full-spectrum products containing 3 mg of THC or less through CMS Innovation Center models. Cornbread Hemp holds the exclusive supply contract through Alliant Purchasing, a group purchasing organization that serves 68,000 healthcare locations. Advocates argue the pilot cannot scale if the products it relies on become illegal seven months after launch.

Industry Divisions

Not every hemp operator wants the delay. Some alcohol distributors and low-dose beverage brands have positioned for the 5 mg per serving ceiling written into state three-tier systems in Minnesota and elsewhere. Those operators believe the November deadline will push unregulated delta-8 and delta-9 products off convenience store shelves and clear the field for licensed beverage distribution.

Farmers who grow industrial hemp for fiber and grain are also largely unaffected by Section 781, because the ban targets consumable cannabinoid products rather than raw agricultural output. The U.S. Hemp Roundtable, the National Industrial Hemp Council, and several state farm bureaus have nevertheless endorsed the delay, citing the intertwined economics of cannabinoid extract and biomass markets.

State Pressure Is Already Building

Ohio Senate Bill 56 took effect March 20 after a voter referendum and a last-minute lawsuit both failed to block implementation. The law bans all intoxicating hemp products in the state, including THC and CBD beverages. Texas banned THCA flower as of March 31. Pennsylvania and Rhode Island are advancing similar measures this session.

Those state actions mean the compliance cliff is functionally here for operators in several large markets, regardless of what Congress does about the federal deadline. A delay would still matter for states that have not yet moved, and for farmers in jurisdictions that tie their hemp programs directly to federal language.

What Happens Next

H.R. 7024 has been referred to the House Agriculture Committee. No companion bill has been introduced in the Senate. The White House has not signaled a position, though the FDA’s submission of a separate “Cannabidiol Products Compliance and Enforcement Policy” to OMB on March 15 suggests the administration is preparing to enforce the existing timeline.

If Congress takes no action by November 12, the total THC standard becomes federal law and the FDA’s enforcement policy governs how it is applied. If the delay passes, the industry gets until November 2028 to either reformulate, shrink, or win a broader legislative fix.

For now, CBD and hemp operators face a planning window that closes in roughly seven months. The bill’s fate will determine whether that window reopens.

These statements have not been evaluated by the Food and Drug Administration. CBD products are not intended to diagnose, treat, cure, or prevent any disease.