Recent congressional activity reflects a dual-track approach to hemp regulation: lawmakers are simultaneously seeking to delay the implementation of certain existing hemp provisions while advancing legislation that would establish a comprehensive federal regulatory framework for hemp-derived cannabinoid products.
As we previously discussed, Congress recently enacted a federal funding bill that revised the federal definition of hemp and imposed new THC limits, materially altering the statutory framework governing hemp-derived products. Those statutory changes provide important context for the legislative developments described below, which signal continued bipartisan interest in reshaping federal oversight of the hemp marketplace.
Legislation to Extend and Delay Existing Hemp Provisions
On January 13, 2026, Representatives Jim Baird (R-IN) and Angie Craig (D-MN) introduced the Hemp Planting Predictability Act (H.R. 7024), which would grant a two-year extension of the hemp provisions included in the FY2026 Agriculture Appropriations Act.
Shortly thereafter, Senators Amy Klobuchar (D-MN), Rand Paul (R-KY), and Jeff Merkley (D-OR) introduced S. 3686, which is expected to include language identical to H.R. 7024 and would similarly delay implementation of the new hemp provisions.
In announcing H.R. 7024, House Oversight and Accountability Chair and bill co-sponsor Jamie Comer (R-KY) urged bipartisan support for what he characterized as a "commonsense extension," while also calling on Congress to enact a regulatory framework for hemp products that would protect jobs, eliminate bad actors, standardize labeling, and require third-party testing.
Proposed Federal Regulatory Framework for Hemp-Derived Cannabinoid Products
In parallel, on January 22, 2026, Representatives Morgan Griffith (R-VA) and Marc Veasey (D-TX) announced the introduction of the Hemp Enforcement, Modernization, and Protection (HEMP) Act (H.R. 7212). The bill would create a first-of-its-kind federal regulatory framework for hemp-derived cannabinoid products.
Among other things, the HEMP Act would:
- Require the U.S. Food and Drug Administration (FDA) to initiate rulemaking within three years of enactment to establish milligram limits for cannabinoid products
- Establish default statutory limits if FDA fails to complete rulemaking, including:
- 5 mg per serving and 30 mg per package for intoxicating cannabinoid content
- 10 mg per serving and 50 mg per package for total cannabinoid content
- Impose age restrictions on certain hemp-derived cannabinoid products
- Require labeling, facility registration, and product listing
- Direct FDA to establish manufacturing and third-party testing standards
If enacted, the legislation would significantly expand FDA's authority over hemp-derived cannabinoid products and materially alter the current regulatory landscape.
Taken together, these developments reflect congressional recognition that the existing patchwork of federal and state oversight is insufficient. While some lawmakers are seeking to delay implementation of recently enacted hemp provisions, others are advancing legislation that would impose comprehensive federal standards through FDA rulemaking.
Companies involved in the manufacture, distribution, or sale of hemp-derived cannabinoid products may wish to:
- Monitor federal legislative developments closely
- Evaluate product formulations and portfolios for exposure to potential cannabinoid limits
- Review labeling, marketing, and distribution practices in anticipation of potential federal standards
- Prepare for possible FDA rulemaking and associated transition periods
For guidance on compliance strategy, reformulation planning, or policy engagement, please contact the authors.