Rand Paul Succeeds in Adopting Amendment to Remove Language Amending Defintion of Hemp in FY26 Ag-FDA Approprations Act

In a welcome move by hemp industry stakeholders nation-wide, Senator Rand Paul's (R-KY) S.Amdt. 3070 was agreed to in the Senate by unanimous consent in FY2026 Agriculture appropriations (H.R. 3944) removing the provisions from S. 2256 (FY26 Agriculture-FDA Appropriations Bill) that would modify the defintion of hemp.

Paul's Amendment Removes Language Amending Defintion of Hemp

S.Amdt.3070 was simple and straighforward:

"Strike section 781 of division B. in S. 2256"

The full text of Section 781 is below for your reference: Sec. 781. (a) No sooner than 1 year after the enactment of this Act, section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended—

(1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and—

(2) by striking paragraph (1) and inserting the following:

“(1) HEMP.—

“(A) IN GENERAL.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis.

“(B) INCLUSION.—Such term includes industrial hemp.

“(C) EXCLUSIONS.—Such term does not include—

“(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or

“(ii) any hemp-derived cannabinoid products containing—

“(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

“(II) cannabinoids that—

“(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and

“(bb) were synthesized or manufactured outside the plant; or

“(III) quantifiable amounts based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture) of—

“(aa) tetrahydrocannabinol (including tetrahydrocannabinolic acid); or

“(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol (as determined by the Secretary of Health and Human Services in consultation with the Secretary Agriculture).

“(2) INDUSTRIAL HEMP.—The term ‘industrial hemp’ means hemp—

“(A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of such a stalk;

“(B) grown for the use of the whole grain, oil, cake, nut, hull, or any other noncannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant;

“(C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are harvested from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol concentration specified in paragraph (1)(C)(i);

“(D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; or

“(E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D).

“(3) HEMP-DERIVED CANNABINOID PRODUCT.—

“(A) IN GENERAL.—The term ‘hemp-derived cannabinoid product’ means any intermediate or final product derived from hemp (other than industrial hemp), that—

“(i) contains cannabinoids in any form; and

“(ii) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.

“(B) EXCLUSION.—Such term does not include a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).”.

(b) The Commissioner of Food and Drugs and the Secretary of Agriculture shall provide a report to the Committees on Appropriations of both Houses of Congress within 180 days of enactment of this Act on implementation of this section including the projected impacts to the established cannabinoid marketplace, engagement with industry stakeholders, and shall include information about uniform packaging, labeling, testing, and adverse event reporting requirements.

If the defintion of hemp is amended, how would it impact your current business operations?

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