Good morning.
A deeper dive into the new Farm Bill draft and what it means — and doesn’t mean — for intoxicating hemp.
Let’s get to it.
-JB, JR, ZH
Today’s newsletter is 763 words or about a 6-minute read.
💡 What’s the big deal?
FARM BILL
New Farm Bill draft leaves intoxicating hemp out to dry 🏜️
Driving the news: The U.S. legislature released draft text for a new Farm Bill but it does little to address the impending intoxicating hemp ban that is set for Nov. 12, 2026.
What’s in the bill: The new bill draft eliminates testing standards for industrial hemp producers. It also calls on labs to develop standards for testing hemp.
Last fall, amid a government shutdown, lawmakers passed a partial spending bill that included a redefinition of legal hemp to close the so-called loophole created by the 2018 Farm Bill. Under the old legislation, hemp with fewer than 0.3% of delta-9 THC was considered legal, regardless of its THCA content. Under the new rules, set to go into effect in November of this year, no product is lawful if it contains more than 0.4 mg of THC per container.
Those of us in the industry are aware that THCA converts to delta-9 THC when lit on fire, or decarboxylated, meaning that weed has essentially been legal across the country since the 2018 Farm Bill, depending on some specific state regulations.
This essentially shuts down what has been regarded as legal hemp since 2018, and includes CBD. delta-8 products and what has become known as gas station weed, which is THCA flower and vapes that are widely available in many states where cannabis, medical or otherwise, remains illegal.
What they’re saying: “A new farm bill is long overdue, and the Farm, Food, and National Security Act of 2026 is an important step forward in providing certainty to our farmers, ranchers, and rural communities,” said U.S. Rep. Glenn Thompson, who chairs the House Committee on Agriculture.
The House Committee on Agriculture will begin the mark-up on the new bill on February 23.
Bottom line: Industrial hemp may have a lifeline, but intoxicated hemp and CBD still face a precarious fall given impending federal bans.
Some federal lawmakers are working on legislation that would allow hemp-derived THC products to continue to be sold, while state and local authorities work to develop their own rules to balance the needs of both consumers and businesses as the ban nears.
But the advocacy clock is ticking, even though investors are still pouring millions into hemp beverage brands.
-ZH
📣 Quotable
“This is a law that has not been enforced equally. And one way to remove that is to remove the law,” Pennsylvania Public Defender Association Executive Director Sara Jacobson said.
Jacobson was speaking to ongoing efforts to legalize cannabis in Pennsylvania.
⏩ Quick hits
Virginia lawmakers in the state House and Senate remain divided on legal cannabis sales. Expected compromise measures are incoming.
Smart and Safe Florida, the campaign behind the push to legalize cannabis, has petitioned the state Supreme Court to revive an effort to put legalization on the Sunshine state's ballot, despite the state government's efforts to invalidate voter signatures.
Activists in Nebraska are concerned that federal waivers against state medical programs don’t include their home state, leaving a potential for federal crackdowns.
🤝 Deals, launches, partnerships
Vape company PAX is returning to Canada, launching its TRIP vape in dispensaries in Ontario, Manitoba, and Saskatchewan.
🧳 People moves
Lester Black has been killing it on the cannabis beat for SFGate, but moving forward he will be the outlet's broader news editor while still writing feature stories about the cannabis market.
🔬 Science & research
Teen cannabis use rates peaked in 1999 and have since fallen, according to an analysis of data published in the federal Youth Risk Behavior Survey (YRBS) and published in the journal Addictive Behaviors. That data specifically refutes anti-cannabis reform advocates who maintain that legal cannabis is associated with an increase in teen use.
Legalizing cannabis does not lead to the maltreatment of children and may actually "reduce particularly severe maltreatment" of children, according to a new working paper from The National Bureau of Economic Research.
Heavy cannabis use was linked to reduced brain activity during working-memory tasks in young adults, according to a large fMRI study of more than 1,000 participants published in JAMA Network Open.
📰 What we’re reading
Now You Can Track Where Cannabis Tax Revenue Goes In Massachusetts | Talking Joints Memo