Key Takeaways
- The White House requests Congress revise Federal hemp regulation to prevent a strict THC limit that threatens the industry.
- A new limit of 0.4 milligrams of THC per container under the 2026 Extensions Act could eliminate many hemp products.
- The Administration seeks either a revision of the hemp definition or a delay in implementing the new THC limit set for November 2026.
- Hemp businesses express concern over the restrictive nature of the new standard, fearing a significant market downturn.
- Congress remains uncertain about revising hemp laws, with industry advocates urging support to prevent adverse effects.
NORTH AMERICA, WASHINGTON D.C. – Last week, the White House Office of Management and Budget sent a letter to House Speaker Mike Johnson formally requesting that Congress revise federal hemp regulation to ensure the “fair treatment of hemp products.” The request calls on lawmakers to replace or delay an upcoming November restriction that would limit legal hemp products to just 0.4 milligrams of total THC per container.
Federal hemp regulation is at a crossroads. A provision buried inside a 2025 spending law is set to dramatically narrow what qualifies as legal hemp in the United States, and now the Trump Administration is stepping in to ask Congress to change course before that restriction takes effect.
What Law Is Driving the Hemp Regulation Debate?
To understand the White House’s request, you have to start with the law it is reacting to.
The 2018 Farm Bill, signed by President Trump during his first term, federally legalized hemp by defining it as cannabis containing no more than 0.3% delta-9 THC on a dry-weight basis. That definition opened the door to a wide range of hemp-derived products, including CBD oils, full-spectrum products, delta-8 THC goods, and a growing category of hemp-derived beverages.
But the 2018 Farm Bill did not address cannabinoids beyond delta-9 THC. That created a legal gray area that allowed products with other THC variants, like delta-8 and delta-10, to reach the market even when their combined THC content exceeded the 0.3% threshold.
Congress moved to close that gap in November 2025 with the passage of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, commonly referred to as the 2026 Extensions Act. That law, which Trump signed, rewrote the definition of legal hemp. Under the new definition, a product is only federally legal if it contains no more than 0.4 milligrams of combined total THC per container, including tetrahydrocannabinolic acid and any cannabinoids with similar effects.
The change is scheduled to take effect on November 12, 2026, exactly one year after the law passed.
Why Are Hemp Businesses Alarmed by the New THC Limit?
The industry’s concern centers on how strict 0.4 milligrams of total THC per container actually is.
The 2018 Farm Bill tied the standard to a percentage by dry weight, which gave manufacturers meaningful room to work with. The new limit, measured in absolute milligrams per container, is far more restrictive. Hemp businesses say it would effectively eliminate most of their product lines, including gummies, tinctures, and beverages they currently sell legally across the country.
According to a USDA report published in April 2026, American farmers grew $739 million worth of hemp crops in 2025, a 64% increase from the prior year. That growth reflects how much the hemp sector has expanded since 2018. The looming restriction threatens to cut that market significantly, and some farmers have already been weighing whether to continue planting hemp at all.
The U.S. Hemp Roundtable, a leading industry advocacy group, has described the provision as a “hemp ban.” Their website has been running a countdown clock to the November implementation date.
Rep. James Comer (R-KY), who has been working with the White House on this issue, put the stakes plainly: “The industry wants to be regulated. There are a few bad actors in the industry, but you can’t eliminate an entire industry because of the actions of one or two.”
What Exactly Is the White House Asking Congress to Do?
The OMB letter from Director Russell Vought to Speaker Johnson lays out two possible paths forward.
The Administration’s preferred option is for Congress to revise the federal hemp regulation “in a manner consistent with Amendment #54 offered to H.R. 8646 in the House Rules Committee.” Rep. Andy Barr (R-KY) filed that amendment, which would have kept many currently legal hemp products on the market while also adding new labeling requirements and sales taxes.
The amendment was blocked from reaching a full House floor vote by the Rules Committee.
If Congress cannot pass the full revision, the White House requests, at minimum, “an extension of implementation of the regulatory framework put in place by Section 781 of Public Law 119-37,” which is the 2026 Extensions Act provision setting the 0.4 milligram limit. In other words, the Administration wants a delay if a full fix is not possible, giving Congress more time to develop a proper regulatory framework.
An attachment to the letter explains the Administration’s rationale. The hemp-related request “would 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 White House is not calling for the complete removal of hemp regulation. The stated goal is a framework that distinguishes between products considered safe and widely used, like full-spectrum CBD, and products that regulators view as posing genuine health risks.
How Has the Trump Administration Signaled Support for Hemp Before This Letter?
This letter did not come out of nowhere. The Administration had been building toward this position for several months.
In April 2026, Trump personally posted on Truth Social urging Congress to update the law to protect access to full-spectrum CBD. “I am 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,” he wrote. “ONE in FIVE adults used it in the past year, and many say it improved their chronic pain enormously.”
Trump also referenced an executive order he signed in December 2025 directing research and innovation related to hemp-derived CBD, and a program launched by the Centers for Medicare and Medicaid Services (CMS) to cover up to $500 worth of hemp-derived products annually for eligible Medicare patients.
Also in April 2026, Vince Haley, Director of the White House Domestic Policy Council, and James Braid, Assistant to the President for Legislative Affairs, sent draft legislative text directly to Rep. Barr’s office with specific suggestions on how to revise the hemp definition.
The June 24 OMB letter is the clearest and most formal expression yet of the Administration’s position on the issue.
Where Does Congress Stand on Hemp Reform?
Congressional action is still uncertain. Rep. Andy Barr continues to work on standalone hemp legislation, though he has acknowledged that the effort faces opposition from an unusual mix of groups, including sectors of the alcohol industry, marijuana businesses, and cannabis prohibition advocates.
Rep. Comer has indicated that his preferred path would involve getting the FDA to step in and regulate the hemp industry directly, rather than relying solely on a revised THC definition. “Hopefully, we can, in the meantime, once we delay it, we can get the FDA, the Food and Drug Administration to do its job,” Comer said.
Sen. Mitch McConnell (R-KY), who led the passage of the 2026 Extensions Act’s hemp provisions, had no comment in response to the White House’s request, according to a spokesperson. McConnell has described the restriction as a measure designed to remove “bad actors” from the hemp market.
The November 12, 2026 implementation date is still in place as of this writing. The hemp industry is urging its supporters to contact Congress and push them to include hemp language in any upcoming legislation.
Frequently Asked Questions
The White House, via the OMB, has requested that Congress revise federal hemp regulations. They’ve asked for either a new hemp definition or a delay to the November 2026 implementation of the strict THC limits set by the 2026 Extensions Act.
The 2026 Extensions Act, which replaces the 2018 Farm Bill’s hemp definition, imposes a strict new limit on THC. From November 2026, hemp products will only be legal if they contain 0.4 milligrams or less of total THC per container. This change would make most current hemp products, like gummies and tinctures, illegal.
The 0.4 milligram per container THC limit is scheduled to take effect on November 12, 2026. This deadline is driving the urgency behind the White House’s request for congressional action.
The White House aims to update the legal definition of hemp to ensure continued access to safe, full-spectrum CBD products while restricting those with serious health risks, advocating for a more targeted regulatory framework rather than a complete ban.
