S. 3686: Hemp Planting Predictability Act

Hemp Planting Predictability Act

This bill extends by two years the implementation of changes to the regulation of hemp products, which reimpose certain federal controls over some hemp products.

Specifically, Congress enacted the FY2026 agriculture appropriations act (P.L. 119-37) on November 12, 2025. Effective November 12, 2026, the act modifies the statutory definition of hemp products that are considered to be lawful. This bill extends the effective date to November 12, 2028.

As background, the 2018 farm bill excluded hemp from the Controlled Substances Act definition of marijuana and defined hemp. As a result, hemp and hemp-derived products at or below the 0.3% delta-9 tetrahydrocannabinol (THC, the psychoactive component of marijuana) concentration threshold were no longer regulated as Schedule I controlled substances and registration with the Drug Enforcement Administration was no longer required to cultivate or handle hemp and hemp-derived products. However, hemp remained subject to Department of Agriculture and Food and Drug Administration regulation.

The 2025 changes to the definition of hemp, include

• changing the limit to a total THC concentration of not more than 0.3% on a dry weight basis rather than only delta-9 THC,
• explicitly including industrial hemp,
• excluding seeds from a cannabis plant that exceed a certain THC concentration, and
• excluding various types of hemp-derived cannabinoid products.

Cannabinoids refer to unique chemical compounds that are found in hemp and marijuana (e.g., THC) and are known to exhibit a range of psychological and physiological effects.