2026 Farm Bill: winners and losers
✅ WINNERS:
• Industrial hemp (fiber, grain) farmers
• States that want less testing burden
• Lab accreditation programs
❌ LOSERS:
• Cannabinoid hemp businesses
• THCA flower producers
• Anyone banking on the delta-9 loophole
Democratic leadership is already pushing back. Markup starts Feb 23. 📊
#FarmBill #HempIndustry #CannabinoidPolicy #Agriculture2026
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.
“What should hemp businesses do RIGHT NOW? 💡
1️⃣ Support the HEMP Act—contact your representatives
2️⃣ Engage with state regulators—build local frameworks
3️⃣ Diversify product lines—explore compliant categories
4️⃣ Secure banking relationships—before processors pull back
5️⃣ Plan for every scenario—hope for reform, prepare for the ban
November is coming. Preparation beats panic. #HempBusiness #IndustryAdvice #CannabisStrategy”
Clinical Perspective
WHAT I’M WATCHING THIS WEEK IN CANNABINOIDS
Five things on my radar:
1. FDA SILENCE POST-DEADLINE. The Feb 10 deadline passed with no cannabinoid classification lists published. Every day without FDA action is another day of uncertainty. Watch for whether the agency issues any guidance, even informal, in the coming weeks.
2. OREGON’S HB 4139. The 17% hemp cannabinoid tax bill is moving through committee. If it passes, it becomes a model for other states considering how to regulate (and tax) hemp products pre-November.
3. HEMP ACT MOMENTUM. The bipartisan bill introduced Feb 2 needs co-sponsors. The next two weeks will tell us whether this has legs or is symbolic. Track the co-sponsor count.
4. STATE ENFORCEMENT POSTURE. Several states are signaling how they’ll handle the transition. Colorado, Vermont, and California have been notably quiet. States with existing hemp regulatory frameworks may choose to continue enforcing their own rules regardless of federal changes.
5. BANKING MOVES. Watch for payment processor announcements. If major platforms (Stripe, Square, PayPal) issue formal policy updates on hemp CBD, it signals the financial industry is preparing for the ban to take effect as written.
Bottom line: February 2026 is a month of signals. The FDA’s silence, state legislative activity, and Congressional response to the HEMP Act will collectively determine whether the industry has a path forward—or is heading into November blind.
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