Senate Votes to Delay Hemp Ban

By Jon Taets

Early Saturday morning, the Senate voted to preserve a short-term delay of the impending deadline for hemp products. It applies only to natural hemp products and moves the deadline from November 12 to December 11. Synthetic products would still be prohibited as of the original November 12 date.

The extension was included in the legislation the Senate passed to keep the government open past the end of the fiscal year on September 30. Senate Republican leadership included the delay in the legislation, but some Republican senators, led by Senator Ted Budd (R-NC), objected and offered an amendment to remove the language from the package. Over the past week, the NACS Government Relations team worked in the Senate to oppose the amendment, coordinating with hemp groups, NACS member retailers and state association partners. Through a NACS grassroots call to action, the industry sent over 1,200 letters to senators asking them to oppose Sen. Budd's proposed amendment. At 3:30 a.m. ET on Saturday, the Senate voted 61–32 to table the amendment, preserving the short-term delay.

Last year, language added to the Agriculture Appropriations legislation changed the definition of “industrial hemp” in a way that would make nearly all hemp products currently sold by convenience retailers illegal effective November 12, 2026. In April, the Centers for Medicare and Medicaid Services (CMS) launched a pilot program allowing limited use of full-spectrum CBD products, but the impending deadline would force that program to shut down. The White House asked that the continuing resolution under Senate consideration include an extension, giving lawmakers more time to develop legislation that would preserve these products under a responsible regulatory framework.

The House must still pass the Senate bill for the delay to become final. The chamber is expected to take up the bill when it returns in September, when opponents may again try to remove the language. Regardless of any House action, work will continue on a broader regulatory framework. NACS will keep working to finalize that legislation before the eventual deadline, ensuring hemp products can remain on store shelves under responsible oversight.

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