Three Senators Want to Delay the Hemp Ban. That Doesn't Mean It's Going to Happen.

A bipartisan group of senators filed a bill this month that would push the federal hemp THC ban from November 2026 to November 2028.

The Hemp Planting Predictability Act, introduced by Sens. Amy Klobuchar (D-MN), Rand Paul (R-KY), and Jeff Merkley (D-OR), is two pages long and changes exactly one thing: it strikes "365 days" and inserts "3 years."

That's the entire bill. And right now, it's sitting in a stack of legislation that may never see the Senate floor.

The Difference Between a Bill and a Law

Here's what has actually happened:

• Three senators introduced legislation
• A companion bill was filed in the House by Rep. Jim Baird (R-IN)
• Rep. James Comer (R-KY) appeared at a press conference with concerned farmers

Here's what hasn't happened:

• Committee assignment
• Hearing scheduled
• Markup session
• Floor vote in either chamber
• Presidential signature

The ban signed into law last November has already gone through the full process. It's law. The delay bill is a proposal—one of thousands introduced every Congress, most of which die without a vote.

Why This Bill Faces an Uphill Battle

The hemp THC ban didn't end up in H.R. 5371 by accident. It was deliberately inserted into must-pass spending legislation by lawmakers who wanted it there. Those same lawmakers still hold their seats, still chair their committees, and still have the same concerns about unregulated intoxicating products.

A standalone delay bill doesn't have the same leverage as a spending package. It can be ignored, bottled up in committee, or simply never scheduled. The senators who introduced it are in the minority party (Klobuchar, Merkley) or are known for positions outside mainstream GOP leadership (Paul). That's not a coalition with the procedural power to force a vote.

The House companion has slightly better positioning—Comer chairs the Oversight Committee, which carries influence—but influence isn't the same as jurisdiction. This bill would need to move through Agriculture or Appropriations, not Oversight.

What the Bill Would Do (If It Ever Passed)

Assuming the Hemp Planting Predictability Act somehow made it through both chambers and reached the president's desk, it would:

→ Delay implementation of the hemp THC ban by two additional years (to November 2028)

That's it. It wouldn't:

• Repeal the underlying ban
• Change the 0.4 mg total THC per container limit
• Reverse the shift from Delta-9 to total THC standard
• Create a regulatory pathway for hemp-derived cannabinoids
• Override state-level restrictions

Tennessee's current protections for licensed retailers to sale THCa flower under 0.3% delta-9 still expire June 30, 2026—regardless of what happens with this federal bill.

The Industry's Actual Position Right Now

Strip away the press conference and the bill filing, and here's where things stand:

The ban is still law. H.R. 5371 was signed in November 2025. Unless something changes, implementation begins November 2026.

The delay is just a proposal. Three senators and a handful of House members have expressed support. That's not enough to move legislation, especially legislation that contradicts a policy Congress just enacted.

The clock is running regardless. Whether or not the delay passes, the industry has roughly 10 months before the ban takes effect. Businesses that wait to see what happens with this bill are betting their operations on legislative uncertainty.

Two Scenarios, One Strategy

Scenario A: The delay bill passes.

The industry gets 24 additional months. But those months are worthless without a plan. The same lawmakers who passed the ban will still be there in 2028, and they'll expect to see evidence that the industry can self-regulate. "More time" without demonstrated change just means a delayed inevitable.

Scenario B: The delay bill dies.‍

The ban takes effect November 2026 as scheduled. Businesses that assumed the delay would happen find themselves scrambling. Those that prepared for this outcome are positioned to either wind down non-compliant product lines or pivot to whatever remains legal under the new framework.

The smart play is the same in both scenarios: prepare as if the ban is happening on schedule while supporting legislative efforts to delay or modify it.

What the Bipartisan Support Actually Signals

The coalition behind this bill is genuinely interesting: a Minnesota Democrat, an Oregon Democrat, a Kentucky libertarian-leaning Republican, an Indiana Republican, and the Kentucky Republican who chairs House Oversight.

That's not a typical alignment. It suggests:

1. Agricultural state interests are in play. Kentucky, Indiana, and Minnesota all have significant hemp cultivation. Lawmakers from those states are hearing from farmers.  

2. The "farmers vs. intoxicating products" framing might be gaining traction. Comer's press conference featured farmers, not CBD retailers or delta-8 manufacturers. That's a deliberate choice.  

3. There may be appetite for a compromise that separates cultivation from consumer products. The Trump administration's recent language about "full-spectrum CBD" accessibility hints at this distinction.

But signals aren't votes. And votes in committee aren't votes on the floor. And votes on the floor aren't law.

The Uncomfortable Truth

The hemp industry spent seven years after the 2018 Farm Bill without building the political infrastructure to protect itself. When the ban came, it came through a process the industry couldn't stop—riders on must-pass legislation, inserted by lawmakers who faced no meaningful pushback.

This delay bill is a chance to start building that infrastructure. But filing a bill and holding a press conference is the easy part. The hard part is:

• Unifying an industry that's been fractured between cultivators, manufacturers, and retailers

• Proposing a regulatory framework that Congress might actually adopt

• Changing the narrative from "unregulated intoxicating products" to "responsible agricultural sector"

• Building relationships with lawmakers who have the procedural power to move legislation

Ten months isn't much time. And there's no guarantee that time gets extended.

The Bottom Line

The Hemp Planting Predictability Act exists. That's worth noting. It's not worth celebrating, and it's definitely not worth planning around.

The industry's operating assumption should remain: the ban takes effect November 2026. Everything else is speculation.

If that changes, great. If it doesn't, the businesses that survive will be the ones that didn't wait to find out.

How Hemp Law Group Can Help

Hemp Law Group advises cultivators, manufacturers, and distributors on federal and state hemp compliance. If you need help understanding how pending legislation affects your business—or preparing for regulatory changes regardless of what Congress does—schedule a 15-minute consultation with Clint Palmer, Compliance Director at Hemp Law Group by clicking below.

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