Agriculture lawmakers advanced HR 7567 with the 0.4-milligram container cap on total THC intact, pushing a decision on the hemp market’s survival into the summer legislative calendar.
The House Committee on Agriculture voted 34 to 17 in early March to approve HR 7567, the Farm, Food, and National Security Act of 2026. Committee leadership rejected every amendment that would have delayed or repealed the November hemp restrictions attached to the FY2026 agriculture appropriations package. The vote sets up a floor fight this summer over whether a federal hemp market survives past Halloween.
The bill keeps a new definition of hemp that treats total THC, including THCA, under a 0.3 percent pre-harvest threshold. The language replaces the 2018 Farm Bill’s delta-9 benchmark, aligning the federal definition with testing protocols already used by most state departments of agriculture.
What Actually Changes in November
The November rules cap total THC at 0.4 milligrams per container on consumable hemp products. The US Hemp Roundtable, citing internal industry data, estimates the cap would remove roughly 95 percent of current SKUs from legal commerce. Tinctures dosed at 25 milligrams of CBD per serving typically carry 0.75 to 1.5 milligrams of total THC per container once trace THC and THCA are summed, placing them well above the new limit.
Gummies and beverages face an even steeper drop. Intoxicating hemp beverages sold after April 13, 2026, must already contain no more than 5 milligrams of THC per serving or 10 milligrams per container with an accompanying certificate of analysis, under a separate interim rule that took effect this week. The November cap would push even compliant beverages off shelves.
The Griffith Alternative
Representative Morgan Griffith of Virginia filed a bipartisan companion bill that would establish a first-of-its-kind regulatory framework for hemp-derived products and push the container cap out to November 2028. Griffith’s framework would set age-gating, label-disclosure, and testing standards in exchange for the delay.
“We are eight months away from erasing a legal market that serves millions of people, including patients who rely on CBD,” Griffith said in a statement released after the committee vote. “A workable framework is possible, but the clock matters.”
The proposal drew 18 co-sponsors in its first week. It has not received a committee hearing and faces uncertain prospects in the Senate, where Majority Leader John Thune has signaled a preference for letting the November restrictions take effect before considering structural reforms.
Industry Response
The Hemp Industries Association, US Hemp Roundtable, and American Trade Association of Cannabis and Hemp issued a joint letter to committee leadership urging adoption of the Griffith framework. The letter estimates 128,000 jobs and $28 billion in annual revenue are tied to products that fall outside the November cap.
Operators are already acting on the signal. Hemp beverage brand Wynk pulled three SKUs from its spring lineup. Colorado-based Mary’s Medicinals told CBDWorldNews it is accelerating product reformulation to fit below the 0.4-milligram threshold, accepting reduced serving sizes to stay legal.
Retailers face similar pressure. Total Wine & More paused new hemp-beverage orders in states where distributors cannot guarantee compliant inventory through year-end.
The CBD-Only Carve Out
Industry attorneys note that the November restrictions focus on products containing measurable THC. Pure CBD isolate products and broad-spectrum CBD items that test at zero total THC remain on the legal side of the line. That reality has already shifted product development at larger brands.
Charlotte’s Web, Medterra, and CV Sciences each confirmed new zero-THC product lines that will replace full-spectrum options in their mainstream retail channels after November. Smaller brands without reformulation capital are selling inventory at discount to clear shelves before the deadline.
State Enforcement Accelerates
Four states are moving to align with the federal calendar. Texas banned THCA flower on March 31. Ohio’s Senate Bill 56 took effect March 20 and prohibits all intoxicating hemp products, including beverages that contain THC or CBD derived from intoxicating hemp. Rhode Island and Pennsylvania each have pending bills that mirror the November cap.
Enforcement posture varies. Ohio regulators signaled a six-month grace period for retail inventory. Texas began compliance inspections at wholesale distributors within a week of the THCA ban taking effect, seizing flower valued above $3.5 million in the first round.
Floor Timeline
House Majority Leader Steve Scalise indicated the Farm Bill will reach the floor in late June or early July. Amendments are expected from members representing hemp-producing districts in Kentucky, Oregon, and Colorado. A Senate version has not been formally introduced, but Senate Agriculture Committee staff are drafting parallel language that mirrors the House approach on hemp.
Observers see three realistic paths. Congress can leave the November cap in place and watch the retail market collapse. Congress can adopt a Griffith-style framework that delays the cap and adds structure. Or Congress can let the Farm Bill slip past the fiscal year while the ban activates on schedule, freezing the industry in place.
For coverage of the Medicare pilot program now moving in parallel, see our reporting on the CMS launch. Brands preparing compliant product lineups can review the CBDProducts.com compliance buyer’s guide, and SafeCBD.com’s testing primer explains the container-level math.
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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.
