2 US Senators Introduce Bill to Keep Hemp Legal, Install Regulations

A pair of U.S. senators from Oregon introduced legislation on Dec. 10 that aims to undo a forthcoming federal ban on consumable hemp products by establishing a federal regulatory structure.

Democratic U.S. Sens. Ron Wyden and Jeff Merkley filed the Cannabinoid Safety and Regulation Act (CSRA), the first bill to attempt to preserve a $28-billion national marketplace since Congress included prohibition language in an agriculture appropriations measure included in its deal to reopen the government last month. The hemp-related provisions in the federal spending bill will outlaw 99% of hemp products on today’s market, according to the senators.

Without a legislative fix, intoxicating hemp products containing more than 0.4 milligrams of THC per container or any cannabinoids not capable of being naturally produced by the plant (i.e., HHC) or synthesized/manufactured outside the plant (i.e., delta-8 THC) will be illegal beginning Nov. 13, 2026. Intermediate hemp-derived cannabinoid products containing more than 0.3% total THC (including THCA) will be prohibited, too.

While U.S. Rep. Nancy Mace, R-S.C., introduced a two-page bill last month to simply repeal the federal ban, Wyden and Merkley are taking a much more thorough regulatory approach.

Their 84-page legislation filed this week would instead limit consumable hemp products to 5 milligrams of THC per serving and 50 milligrams per container for edibles, topicals and inhalable products. Beverages could contain up to 10 milligrams per container.

The legislation prioritizes public health and consumer safety by setting a 21-year-old federal age limit, while also establishing strict testing standards, packaging and labeling requirements, and restrictions on pesticides, heavy metals, chemical byproducts and additives. The CSRA would prohibit synthetic cannabinoids and adulterated products from the market.

The U.S. Food and Drug Administration (FDA) would be charged with regulating and overseeing product safety. Product manufacturers would be required to register with the FDA.

A Measured Regulatory Path

According to Wyden and Merkley, prohibition does not work.

“There’s no question that more needs to be done to protect kids and consumers from unsafe, untested hemp products,” Wyden said in introducing the bill. “We learned from the failed war on drugs that a one-size-fits-all approach banning hemp products from the market outright does nothing to protect kids and consumers and will be a gut-punch to thousands of jobs and small businesses across the country. My legislation takes the thoughtful and measured approach necessary to implement strong consumer protection regulations while fostering growth and innovation in this growing industry.”

As many states have already banned or regulated hemp-derived cannabinoid products in the absence of federal clarity following the 2018 Farm Bill’s unintended consequences, the CSRA explicitly allows states to “prohibit, limit or otherwise regulate” hemp-derived products beyond the federal standard, including adopting their own tax structures.

However, the act would not preempt states beyond standardized labeling and packaging. “CSRA provides a federal floor to ensure there is significant and consistent regulation for these products nationwide,” according to the authors.

The hemp industry “stands firmly” behind the regulatory approach, U.S. Hemp Roundtable General Counsel Jonathan Miller said.

“We are deeply grateful to Senators Wyden and Merkley for their continued leadership on behalf of hemp farmers, consumers and businesses,” he said. “Introduction of their bill is a key first step to developing consensus around a robust regulatory framework that can replace the impending ban. We are hopeful that Congress will extend the ban moratorium for at least another year to provide adequate time to consider, improve upon and resolve efforts such as Wyden/Merkley.”

Key Provisions of the CSRA

According to a one-page summary of the bill, the CSRA would also:

• Underage Prevention Create a new $125 million underage cannabis use prevention grant program through the Department of Health and Human Services.
• Impaired Driving Prevention Establish a new $200 million state cannabis-impaired driving prevention grant program and a nationwide anti-drugged driving campaign.
• Research & Standards Fund research to develop a cannabis impairment standard and a drugged driving standard to create a “cannabis breathalyzer.”
• Marketing Restrictions Prohibit added flavors and any packaging or labeling that could appeal to children, like cartoons or candy forms.
• Recall Authority Ensure the FDA can recall products if or when necessary.
• Import Standards Ensure that imported products meet the same standards as those produced in the U.S.

Wyden also provided a six-page section-by-section breakdown of the legislation. Christopher Lackner, president of the Hemp Beverage Alliance (HBA), applauded Wyden for spearheading the “sensible” regulatory approach.

“Since our founding in 2023, the HBA has advocated for testing, proper labeling, sensible THC milligram levels and age-gating of products,” Lackner said. “We look forward to working with Senator Wyden and other legislators to promote this legislation and ensure a thriving hemp beverage category in 2026 and beyond.”