CBD/Hemp

Federal hemp-THC ban could be delayed until 2028 under new bill

Bipartisan bill seeks 3-year timeline on pending ban
hemp-THC
A new bill seeks to delay the ban on hemp-THC products to 2028. | Shutterstock

A Republican lawmaker from Indiana on Monday introduced a federal bill that would significantly extend the deadline on the looming hemp-THC sales ban, potentially giving legislators more time to draft regulations for the products. 

Rep. James Baird introduced the bill, which calls for an amendment to the federal spending bill that was signed late last year. Instead of the hemp-THC ban taking effect this November, it would be pushed to November 2028 if the bill passes. 

The legislation is co-sponsored by Reps. James Comer (R-Kentucky), Gabe Evans (R-Kentucky), Tim Moore (R-North Carolina) and Angie Craig (D-Minnesota). It is being positioned as a move to support the country’s hemp farmers. 

“Planting and growing crops requires planting well in advance,” Baird said in a statement Tuesday. “Congress created a regulatory environment in the 2018 Farm Bill that allowed for certain investments, and farmers were operating within this environment. The hemp provision included in the Continuing Resolution and Appropriations bills passed in November 2025 disrupted planting decisions that had already been made. Congress should not have passed such a sweeping policy change that upends a growing industry. Instead, Congress should have given farmers more time, creating a more stable environment for farmers to modify their future planting decisions. I am proud to introduce this legislation to ensure farmers have predictability and sufficient time to adjust to new laws that affect their livelihood.”

Some hemp-THC industry stakeholders applauded the move.

“The extension gives Congress the appropriate time to engage with farmers, state regulators, public health experts and other stakeholders to address legitimate market concerns in a thoughtful and transparent manner,” the Midwest Hemp Council said in a statement. “States have already implemented regulatory frameworks that govern hemp production and hemp-derived products, and those systems are working.”

President Donald Trump in November signed a federal spending bill, putting an end to the 43-day government shutdown. A provision effectively banning hemp-derived THC drinks, gummies and other items was tucked into the appropriations bill shortly before the Senate voted on it. 

Under the current language, all hemp products with more than 0.4 milligrams of psychoactive tetrahydrocannabinol, or THC, per container would be prohibited for sale. The ban closes what many believe to be a loophole in the 2018 appropriations bill that allowed for the nationwide sale of products containing 0.3% hemp-THC by weight. 

Since then, though, the segment has grown into a multibillion-dollar industry, with major retailers including Circle K, Target and, most recently, specialty grocer Sprouts Farmers Market selling hemp-THC beverages. 

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