Bipartisan Congressional Leadership Pushes Back on FY26 Appropriations Language Amending Hemp Policy

House and Senate Call for Comprehensive Federal Hemp Product Framework & House Members Reject Procedural Overreach

Bipartisan efforts in both the House and Senate are opposing the inclusion of "anti-hemp" language in Section 759 of H.R. 4121 and Section 782 of S. 2256—bills comprising the FY26 Agriculture, Rural Development, Food and Drug Administration (FDA), and Related Agencies Appropriations Act.

While the language in the Senate bill was removed, the language in the House bill remains in play.

Senate Letter on FY26 Appropriations Hemp Language Led by Wyden (D-OR) & Merkley (D-OR)

In a letter to Majority Leader Thune and Minority Leader Schumer, Oregon Senators Ron Wyden and Jeff Merkley, along with 6 other Senators, expressed "strong opposition to the inclusion of any language ... (FY26 Agriculture-FDA Appropriations Bill), or in any continuing resolution or conferenced spending bill, that would decimate the American agricultural hemp industry and imperil states’ ability to prevent unsafe hemp-derived cannabinoid products from getting into the hands of children."

The Senators indicated the hemp industry was united behind 4 frameworks concepts:

 Instead of this hurried attempt that will not achieve its worthy public health and safety goals, we suggest considering legislation to establish a hemp-derived cannabinoid product framework that: (1) restricts the sale and possession of hemp products to adults over age 21; (2) standardizes packaging and labeling to eliminate “look-a-like” snack products that are appealing to children while allowing adult-only consumers to make informed choices; (3) prohibits synthetic or artificially derived products; and (4) requires independent third-party laboratory tests for consumable hemp-derived cannabinoid products to ensure safety.

The full Senate Letter sent September 16, 2025 is available here.

House Letter on FY26 Appropriations Hemp Language Led by Comer (R-KY)

Similarly, in a letter to Speaker Mike Johnson, Congressman Comer and 27 bipartisan Representatives warned that adopting language redefining hemp "would jeopardize the long-term future of the U.S. hemp industry." The letter expressed "serious procedural concerns" with how the proposed language changing the definition of hemp ended up in the Appropriations bills.

"This language has not been considered in a markup or hearing by any relevant authorizing committee and there was no public forum for members to express concerns with this language and preferred alternative legislation more appropriate for the relevant authorizing committees."

The Members of Congress also indicated the hemp industry was united on 4 framework concepts.  We note these are similar but differ from the Senate list:

Instead of pursuing this damaging appropriations rider, there is a better path forward for Congress to consider. The hemp industry remains united behind a framework that: (1) restricts the sale and possession of hemp products to adults 21 years and older, (2) standardizes packaging to eliminate “look-a-like” products that are appealing to children; (3) standardizes labeling to empower adult consumers to make informed choices; and (4) requires independent third-party laboratory tests for consumable hemp products. Legislation to this effect has already been introduced in the Senate and the House Energy and Commerce Committee is actively discussing draft language along these same lines. 

The full House Letter sent September 26, 2025 is available here.

What's your position on the proposed language? Do you align with the 4 framework concepts? If the language in Sec. 759 was passed and signed into law-how would it impact your current business operations? It's essential you have your voice heard!

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