A federal agriculture spending bill moving through Congress could influence how hemp-derived cannabinoid products are regulated and sold at retail, including convenience stores.
The House of Representatives passed the Fiscal Year 2027 Agriculture Appropriations Act on June 4. The measure still requires Senate approval before it can become law.
“Though intoxicating hemp products have been legally on the market for years, those products will move back into Schedule 1 (and therefore illegal) in November if they contain more than 0.4mg of THC per package—unless federal language is changed,” said Melissa Vonder Haar, CSP C-Store Cannabis Board chair. “Hence the need for new regulation.”
Marijuana-derived THC is a Schedule I controlled substance under federal law, while hemp-derived THC is not a controlled substance under the 2018 Farm Bill. The 2018 Farm Bill legalized the sale of products containing less than 0.3% THC by weight nationwide.
The Office of Management and Budget (OMB) said on Thursday that the Trump administration “welcomes the opportunity to work with the Congress to, at a minimum, update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products, while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”
The debate comes amid federal movement on cannabis policy.
In December, President Donald Trump signed an executive order to fast track the reclassification of cannabis to a less-restrictive category of drugs because of its medicinal benefits.
In April, the U.S. Department of Justice (DOJ) said it was easing federal restrictions on certain marijuana products, following a directive from President Donald Trump late last year to expand research into cannabis and cannabidiol (CBD).
On April 23, Trump said in a Truth Social post, President Trump said he was “calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s interest to restrict the sale of products that pose Health risks.”
At the state level, lawmakers are advancing legislation that would reshape regulation of hemp-derived products and cannabis markets.
In Illinois, legislation sponsored by Senate Majority Leader Kimberly A. Lightford would bring further regulation to Illinois’ hemp marketplace. Senate Bill 3222 would establish mandatory licensing and uniform standards for CBD manufacturers while creating a path for hemp businesses entering the licensed cannabis market.
In New Jersey, Gov. Mikie Sherrill on Friday signed bills A-5051, which passed the New Jersey House and S-4297 in the New Jersey Senate. The legislations revise certain restrictions concerning hemp, intoxicating hemp beverages and medical cannabis.
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