By Andi Anderson
New legislation has been introduced in Congress to delay the federal ban on hemp-derived THC products. The proposal would move the current effective date from 2026 to 2028, giving farmers, retailers, and businesses additional time to prepare for regulatory changes.
Indiana Congressman Jim Baird introduced the bill, which seeks to amend hemp provisions included in a federal appropriations package passed in November 2025.
That package created new limits on certain hemp-derived products and changed the legal definition of hemp under federal law. Without the proposed delay, the ban would take effect one year after passage.
“Congress adopted the ban on hemp products such as delta-8 THC and THCA as part of an appropriations bill that ended the 2025 federal government shutdown in November. The provisions, which also change the definition of hemp under federal law, are scheduled to go into effect one year after passage of the funding bill. The hemp provisions of the appropriations bill ban products containing more than 0.4 milligrams of delta-9 THC per package. The legislation changes the definition of hemp as legalized by the 2018 Farm Bill, which allowed all products with no more than 0.3% delta-9 THC by dry weight,” the outlet wrote.
The new proposal would revise the implementation timeline. It states that “Section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 is amended, in the matter preceding paragraph (1), by striking ‘365 days’ and inserting ‘3 years.’”
“Planting and growing crops requires planning well in advance,” Baird said in a press release on 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.”
Industry groups have expressed interest in maintaining market access under sensible regulation. NACS has supported stronger oversight of intoxicating hemp products but opposes a full ban.
The group supports age-gated sales and responsible retail channels while encouraging balanced regulations that allow continued participation in the hemp market.
The legislation highlights ongoing discussions about hemp-derived products, their safety, and their place in agricultural and retail markets nationwide.
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Categories: Indiana, Government & Policy