GOP Lawmaker Floats Another Bill to Save Hemp THC Products
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Congress has produced yet another attempt to keep hemp-derived THC products on store shelves past this fall, and this one comes from a name you don't usually associate with cannabis policy fights: Rep. James Comer, the Kentucky Republican who chairs the House Oversight Committee. Marijuana Moment obtained a draft bill Comer's office has been circulating that would push back the federal ban on hemp THC products currently set to take effect November 12, 2026. Rather than scrapping the ban outright, the draft leans into regulation -- packaging standards, mandatory testing, age-verification requirements -- as the price of buying more time.
The timing is not a coincidence. Just a week before this draft surfaced, Rep. Andy Barr, also of Kentucky, and Rep. Angie Craig of Minnesota filed the more sweeping Lawful Hemp Protection Act on July 22, 2026. Now there are at least two Republican-backed bills moving through the same congressional hallways, aimed at the same November deadline, written by lawmakers who don't fully agree on how to fix the problem. Add in a Farm Bill process that has so far ignored the issue entirely, and you get a Congress that seems to agree hemp needs a legislative fix but can't agree on what that fix should look like -- while the clock keeps running.
What's in Comer's Draft Bill

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Comer's draft matters less because of what it says and more because of who's holding the pen. As chair of the House Oversight and Government Reform Committee, he sits in a position of real institutional leverage on Capitol Hill, even though this particular bill hasn't been formally introduced yet and remains, for now, a circulating draft rather than filed legislation. That distinction matters -- a draft can change substantially before it ever gets a bill number.
What the draft actually does is more modest than some hemp advocates have been pushing for. It doesn't repeal the looming ban on hemp-derived THC products. It delays it, buying Congress additional time to sort out a permanent framework. In exchange for that delay, the draft would impose new guardrails: packaging requirements meant to prevent products from looking like candy or appealing to kids, mandatory lab testing to verify potency and screen for contaminants, and an age limit restricting purchases to adults.
Marijuana Moment reported obtaining the draft directly, and noted that Comer's office did not respond to requests for comment on it -- leaving some of the finer details, and the bill's prospects, an open question. According to a press release from Comer's office, the measure is cosponsored by Rep. Angie Craig, the Minnesota Democrat who also happens to be a cosponsor on Barr's competing bill. Her involvement in both efforts suggests she's less committed to any single legislative vehicle than to making sure something passes before November.
How It Compares to Barr's Lawful Hemp Protection Act

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Barr and Craig's Lawful Hemp Protection Act, filed July 22, 2026, is the more ambitious of the two proposals. Rather than simply hitting pause on the existing ban, it would rewrite the federal definition of hemp itself, and it digs into the operational details that the industry has been begging Congress to address: manufacturing standards, labeling rules, sales restrictions, and how these products get taxed. It's the kind of bill that reads like it was written with input from people who actually run hemp beverage and edible companies, not just staffers trying to buy time.
Both bills land on the same age threshold -- 21 and up for hemp THC products, mirroring the standard already used for alcohol and, in legal states, marijuana. That's one of the few points of clear agreement between the two camps.
Where they diverge is in ambition and mechanism. Barr's bill tries to permanently redirect federal policy away from the scheduled ban, building a durable regulatory structure instead of a temporary reprieve. Comer's draft, by contrast, is a stopgap: delay first, regulate as a condition of that delay, and presumably let a future Congress figure out the permanent fix.
That leaves two Kentucky Republicans -- Barr and Comer -- effectively competing over how to handle the same industry and the same deadline, with overlapping cosponsors and overlapping goals but different theories of how urgently and how permanently to act. It's not a fight over whether hemp THC products should stay legal. It's a fight over the mechanics, and in Congress, mechanics are often where bills go to die.
The Farm Bill Loophole and the November 2026 Deadline

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To understand why any of this is urgent, you have to go back to November 2025, when Congress ended the longest government shutdown in U.S. history with an appropriations deal. Tucked into that deal was a provision that redefined hemp for federal purposes, capping total THC content -- including THCA, the non-intoxicating precursor that converts to THC when heated -- at no more than 0.3%. That single change closed the loophole that the 2018 Farm Bill had inadvertently opened, the one that let THCA-heavy hemp flower and THC-infused beverages proliferate legally for years.
The same provision went further, banning synthetic cannabinoids like delta-8 THC and other lab-modified compounds such as HHC, and capping total THC per container at a strict 0.4 milligrams -- a number so low it would effectively wipe most existing hemp beverages and gummies off shelves as currently formulated.
That ban is set to take effect November 12, 2026, which gives Congress a narrowing window measured now in months, not years, to intervene. Complicating things further, the 2026 Farm Bill passed the House without touching the ban at all -- no delay, no repeal, nothing. The Senate Agriculture Committee's draft of its own Farm Bill similarly leaves the ban untouched, with markup expected in late July. If neither chamber's Farm Bill addresses it, the ban takes effect by default unless a standalone bill like Comer's or Barr's gets through both chambers first.
Where the White House Stands

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The Trump administration has weighed in, sort of. OMB Director Russell Vought sent a letter to House Speaker Mike Johnson indicating the administration wants lawmakers to ensure hemp products get fair regulatory treatment rather than being wiped out wholesale. That's a meaningful signal -- but Vought's letter specifically referenced Barr's earlier amendment effort, not Comer's newly circulated draft.
Comer's press release, notably, claims the White House supports his bill. But there's a gap between that claim and what's actually been documented -- the administration hasn't issued a specific endorsement of Comer's language, and the daylight between the press release and Vought's actual letter is hard to ignore.
What the administration has done consistently is call for some form of hemp regulation, in general terms, without committing to a single legislative vehicle to get there. That's politically convenient for the White House -- it lets officials claim engagement on the issue without picking a side between two Republican lawmakers from the same state pushing competing frameworks.
For an industry watching from the sidelines, that ambiguity is frustrating. Businesses need to know which bill, if either, has real administration muscle behind it before they commit to reformulating products, redesigning packaging, or planning inventory for a post-November market. Right now, nobody in Congress or the executive branch has given them a clear answer, and that uncertainty is itself doing damage -- companies are making expensive decisions in the dark.
Why Nothing Has Moved -- and What Consumers Are Doing Meanwhile

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As of late July 2026, none of these efforts -- Comer's delay bill, Barr's more comprehensive rewrite, or any other hemp-related proposal circulating on the Hill -- has advanced past committee. That's not for lack of trying. Back in April, the House Rules Committee blocked amendments from both Comer and Barr from even reaching a floor vote as part of the Farm Bill process, a procedural dead end that pushed both lawmakers toward filing standalone bills instead.
Meanwhile, the market isn't waiting for Washington to sort itself out. A number of states have already passed their own restrictions on hemp-derived THC products that mirror the federal recriminalization headed for November, and those state-level rules are already reshaping how consumers shop. A recent poll from NuggMD found consumers increasingly shifting their purchases toward licensed, state-regulated marijuana businesses as hemp THC products face tightening restrictions -- people aren't necessarily giving up THC, they're just moving to the regulated dispensary channel where the legal footing is more stable.
That shift matters for anyone trying to plan around this mess. Legality and enforcement timelines vary considerably from state to state, and a federal delay bill -- even if one eventually passes -- won't necessarily override state-level bans that are already on the books or moving through state legislatures. Readers should treat this as a fast-moving, jurisdiction-specific situation rather than assume that anything happening in Washington will automatically apply where they live, and should check current local law rather than rely on federal news alone.
November 12, 2026 is not that far off, and Congress has a limited number of legislative days left to act before the ban takes hold by default. Bills sitting in committee don't count for much if they never get a markup, let alone a floor vote, and right now that's exactly where things stand for every hemp THC proposal on the table.
What's most telling here isn't that Congress is divided on hemp policy -- it's that the division exists within the same party, and even within the same state's delegation. Comer and Barr, both Kentucky Republicans, aren't fighting over whether hemp THC products deserve some kind of protection. They're fighting over how much regulation should come attached to that protection, and how permanent the fix should be. That's a harder disagreement to resolve than a simple partisan standoff, because it means there isn't an obvious coalition ready to rally around a single bill.
In the meantime, the hemp market isn't sitting still waiting for a resolution. Consumers are already adjusting their buying habits, states are already writing their own rules, and businesses are already making costly bets on which regulatory future to prepare for. Whatever Congress eventually does -- or fails to do -- by mid-November, the practical reality on the ground is shifting well ahead of any vote. Anyone with a stake in this, whether you're buying, selling, or growing, would do well to keep one eye on Capitol Hill and the other on your own state capitol.
Sources
- House Lawmakers File Trump-Backed Bill to Loosen Hemp THC Product Ban | Cannabis Business Times
- GOP Lawmakers' Hemp Amendments To The Farm Bill Would Allow Continued Legal Sales Of THC Products Under Federal Law - Marijuana Moment
- S House Passes 2026 Farm Bill; Intoxicating Hemp Product Ban Remains | Cannabis Business Times
- Vicente LLP | Cannabis Law & Policy • 2026 Federal Hemp Ban: What It Means for the Future of Consumable Hemp Products
- GOP Lawmaker Circulates Bill To Keep Hemp THC Drinks Federally Legal - Marijuana Moment


