Overview
The 2026 Farm Bill draft replaces the 2018 Farm Bill’s delta-9-only threshold with a total THC metric capturing THCA-rich products that decarboxylate into intoxicating THC. Farmers can self-designate as ‘only industrial hemp,’ which eliminates the 10-year felony ineligibility period. But those who violate the designation face a 5-year ban. Democratic leadership has already taken issue with the proposal. The HEMP Act remains the best legislative alternative for cannabinoid businesses.
Clinical Perspective
🔹 THE DELTA-9 LOOPHOLE IS OFFICIALLY DEAD
The 2026 Farm Bill draft replaces the standard that created a multi-billion dollar industry:
💊 OLD: Delta-9 THC only → created the ‘loophole’
💊 NEW: Total THC including THCA
💊 THCA flower → federally illegal marijuana
⚖️ Hot pre-rolls → federally illegal
💊 High-THCA biomass → Schedule I
🔬 Farmers can self-designate as ‘industrial only’
⚖️ But violators face 5-year program ban
🔹 ️ Dem leadership already pushing back
The HEMP Act remains the best legislative hope for cannabinoid businesses.
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