The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 etseq.) is amended by adding at the end the following:
The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
The term ‘Secretary’ means the Secretary of Agriculture.
The term ‘State’ means
The term ‘State department of agriculture’ means the agency, commission, or department of a State government responsible for agriculture in the State.
The term ‘Tribal government’ means the governing body of an Indian tribe.
A State or Indian tribe desiring to have primary regulatory authority over the production of hemp in the State or territory of the Indian tribe shall submit to the Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a plan under which the State or Indian tribe monitors and regulates that production as described in paragraph (2).
A State or Tribal plan referred to in paragraph (1)
(i) A practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
(ii) A procedure for testing, using postdecarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
(iii) A procedure for the effective disposal of
Establishes USDA authority to regulate hemp production in States or Tribal territories without approved plans, including licensing, inspections, enforcement, and reporting.
Requires USDA to issue regulations; clarifies no effect on the Federal Food, Drug, and Cosmetic Act or FDA authority.
Authorizes funding necessary to implement the subtitle.
Modifies Section 297A of the Agricultural Marketing Act of 1946; redefines hemp and related terms (1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and (2) by striking paragraph (1) and inserting the following:
The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis.
Includes industrial hemp.
Any viable seeds from a Cannabis sativa L. plant that exceeds a total etrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis;
Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant; and were synthesized or manufactured outside the plant; or
Quantifiable amounts based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture) of (aa) tetrahydrocannabinol (including tetrahydrocannabinolic acid); or (bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol (as determined by the Secretary of Health and Human Services in consultation with the Secretary Agriculture).
Grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of such a stalk;
Grown for the use of the whole grain, oil, cake, nut, hull, or any other noncannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant;
Grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are harvested from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol concentration specified in paragraph (1)(C)(i);
That is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; or
Grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D).
The term ‘hemp-deived cannabinoid product’ means any intermediate or final product derived from hemp (other than industrial hemp), that;
contains cannabinoids in any form; and
is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.
Such term does not include a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).’’.
The Commissioner of Food and Drugs and the Secretary of Agriculture shall provide a report to the Committees on Appropriations of both Houses of Congress within 180 days of enactment of this Act on implementation of this section including the projected impacts to the established cannabinoid marketplace, engagement with industry stakeholders, and shall include information about uniform packaging, labeling, testing, and adverse event reporting requirements. This Act may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2026’’.