As reported yesterday in MJBiz Daily, the Senate has advanced legislation S. 2256 to close the so-called “hemp loophole,” which has permitted the development and proliferation of hemp-derived cannabinoid products with intoxicating effects. The legislation was championed by both Senators McConnell and Merkley.

The fiscal 2026 Agriculture Appropriations Bill passed the Senate Appropriations Committee on a unanimous 27-0 vote. The new legislation creates separate definitions for “industrial hemp” and “hemp-derived cannabinoid products.” The legislation also mandates that the total cannabinoid content must account for tetrahydrocannabinolic acid (THCA), which is frequently referred to as the “total THC test” in finished hemp-derived cannabinoids.

As noted by Jonathan Miller, chair of the U.S. Hemp Roundtable, the proposed changes to the 2018 federal definition of hemp would result in a blanket ban on more than 90% of the hemp consumable products sold in the United States. 

We will continue to monitor this issue as it develops, and will advise if there are any changes to the text of the legislation.