Last week, after the longest shutdown in U.S. history, Congress reopened the federal government after passing the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. One effect of the bill is to recriminalize hemp-related activity previously made lawful under the 2018 Farm Bill by banning most hemp products that contain THC and other hemp-derived cannabinoids.
In a statement, The International Cannabis Bar Association (INCBA) stated that it "recognizes that this new law will have a significant impact on the legal work of its attorney members and the businesses of their clients, in addition to the ongoing challenges to the cannabis industry as a whole, and is prepared to meet the moment head-on."
"The legislative language requires, among other things, that upon the one-year anniversary of its enactment, the definition of "hemp" will change to encompass total THC – including delta-9, delta-8 and other isomers, plus "any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services)."
"To be considered legal at that time, hemp cannot exceed 0.3% of all THCs (inclusive of other cannabinoids with similar effects), and hemp products will need to be limited to a total of 0.4 milligrams per container of such THCs or other similar cannabinoids. The possession, transfer, purchase and sale of any product exceeding those limits may result in criminal liability under applicable federal law.
"INCBA is a nonpartisan nonprofit launched in 2015 to advance the professional excellence of attorneys serving the cannabis industry. INCBA unites legal professionals across disciplines to promote ethical, informed and sophisticated legal practice in this rapidly evolving field. Our members share a commitment to supporting clients and communities engaged in or affected by the legal cannabis industry through education, collaboration and integrity.
"Seven years ago, the 2018 Farm Bill created a statutory definition of a form of federally legal Cannabis sativa L., paving the way for a new "hemp" industry, which led to a steady increase in fracturing an already frustrated market. A separation grew between the federally legal hemp sector and the state-licensed marijuana sector, two aspects of the same plant Cannabis sativa L., driven by predictable regulatory and tax disparities, advancements in science and divergent business strategies.
"With INCBA support, our members have provided legal counsel to the multiple facets of this diverse industry throughout its many challenges and growing pains. INCBA remains steadfast in our commitment to providing the necessary support and education to attorneys assisting the industry in moving forward, as one plant, undivided.
"Congress's recent amendment of the 2018 Farm Bill, through legally redefining hemp, if it were to go into effect as written, would ultimately prohibit a substantial amount of hemp activity and revive the threat of federal interference with the provision of certain cannabis-based products and activities at varying moments in their production.
"INCBA resoundingly opposes any legislation that could recriminalize or stigmatize the Cannabis sativa L. plant or its lawful derivatives, or that would roll back statutory protections in a way that could punish compliant businesses or responsible people who relied on the 2018 Farm Bill. INCBA is encouraged by the engagement of our membership during this process and remains committed to its mission to educate, connect and elevate legal professionals who serve the cannabis industry with integrity and expertise.
"This pivotal moment offers an opportunity for industry stakeholders to come together as one and to advocate for fair, reasonable and evidence-based regulations. Indeed, legislative efforts to reverse or limit this hemp recriminalization language have already begun, including a bill proposed by U.S. House Rep. Nancy Mace, R-S.C., on Monday that would repeal the language in its entirety and statements by U.S. Rep. Ilhan Omar, D-Minn., on Tuesday that "she and other legislators are working to see if they can secure 'exemptions' from the ban 'for states that have already rolled out their hemp policies.'"
For more information:
International Cannabis Bar Association
https://incba.org/
