Blog

This is a quick update. We wanted to get this out, so everyone has this information for today. We will be doing a deeper analysis as events unfold.

WHAT’S HAPPENING

On Sunday, the Senate agreed with enough Democrats to pass a budget package to end the shutdown that includes:

* “Minibus” includes three full budget bills funded through Sept 30, 2025 (regular appropriations schedule)

1. Agriculture-FDA
2. Military Construction-Veterans Affairs
3. Legislative Branch

* Continuing Resolution for the rest of the Appropriations to January 30, 2026

* Other provisions for federal employees and SNAP

WHAT’S NEXT

TODAY is the 40^th DAY OF THE SHUTDOWN

• 11:00 am Senate Convenes for Vote Today
• Goes to the House for a Vote (Speaker Johnson will convene the House for a vote, 36 hours after the Senate passes)

WHAT THIS MEANS FOR MEDICAL CANNABIS POLICY:

• CJS Bill in CR-Provisions in CJS would be punted to January 30, 2026 (Rescheduling not blocked/U.S.C 860 crawl back on hold until Jan 2026)
• Veterans Bill: Provisions to allow VHA providers to recommend cannabis have been removed in the minibus (see details below)
• Veterans Bill: Senate report language removed in minibus (see details below)
• AG Bill: Minibus included “Harris” Hemp Language from the House version of AG appropriations, plus additional language to close “loopholes” in Hemp Bill, defines “Industrial Hemp” and “Hemp-Derived Products” will go into effect in 365 days after passage. As written, would allow some isolates and “broad spectrum” products (see details below)

MILITARY CONSTRUCTION-VETERANS AFFAIRS

REMOVED: SEC. 421.

None of the funds appropriated or otherwise made available to the Department of Veterans Affairs in this Act may be used to enforce Veterans Health Directive 1315 as it relates to—

(1) the policy stating that ‘‘VHA providers are prohibited from completing forms or registering Veterans for participation in a State-approved marijuana program ’’ ;

(2) the directive for the ‘‘Deputy Under Secretary for Health for Operations and Management’’ to ensure that ‘‘ medical facility Directors are aware that it is VHA policy for providers to assess Veteran use of marijuana but providers are prohibited from recommending, making referrals to or completing paperwork for Veteran participation in State marijuana programs ’’ ; and

(3) the directive for the ‘‘VA Medical Facility Director ’’ to ensure that ‘‘VA facility staff are aware of the following ’’ [t]he prohibition recommending, making referrals to or completing forms and registering Veterans for participation in State-approved marijuana programs ’’ .

REMOVED: SENATE REPORT LANGUAGE:

“Medical Marijuana.--The Committee recognizes that the Department of Justice ' s Drug Enforcement Agency has concurred with the Department of Health and Human Services ' 2023 recommendation to reschedule cannabis in the Controlled Substances Act from its current placement in Schedule I to the less restrictive Schedule III. Should cannabis be rescheduled to a lower Schedule, VA should consider issuing guidance allowing VHA doctors and other personnel to discuss, recommend, and facilitate access to medical marijuana in States with state-legal medical marijuana programs to the extent allowable under Federal law.

AGRICULTURE-FDA

SEC. 781.

Effective 365 days after the enactment of this Act, Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended—

1. by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and
2. by striking paragraph (1) and inserting the following:

(A) IN GENERAL.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent in the plant on a dry weight basis.

(B) INCLUSION.—Such term includes industrial hemp.

(C) EXCLUSIONS.—Such term does not include—

(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or

(ii) any intermediate hemp-derived cannabinoid products containing—

   (I)cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

  (II) cannabinoids that—

(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and

(bb) were synthesized or manufactured outside the plant; or

(III) quantifiable amounts based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture) of—

  (III) more than 0.3 percent combined total of—

(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and

(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture); or

(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or

(iv) any final hemp-derived cannabinoid products containing—

     (I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

     (II) cannabinoids that—

(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and

(bb) were synthesized or manufactured outside the plant; or

(III) greater than 0.4 milligrams combined total per container of—

(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and

(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).

(2) INDUSTRIAL HEMP.—

The term ‘industrial hemp’ means hemp—

(A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of such a stalk;

(B) grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant;

(C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinols concentration specified in paragraph (1)(C)(i);

(D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; or

(E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D).

(3) HEMP-DERIVED CANNABINOID PRODUCT.—

(A) IN GENERAL.—The term ‘hemp-derived cannabinoid product’ means any intermediate or final product derived from hemp (other than industrial hemp) that—

(i) contains cannabinoids in any form; and

(ii) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.

(B) The term ‘intermediate hemp-derived cannabinoid product’ means a hemp-derived cannabinoid product which—

(i) is not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal; or

(ii) is a powder, liquid, tablet, oil, or other product form which is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption.

(C) The term ‘container’ means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.

(D) The term container excludes bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use.

(E) EXCLUSION.—Such term does not include a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).

3. Within 90 days of the enactment of this act, the Food and Drug Administration, in consultation with other relevant Federal agencies, shall publish—

(A) a list of all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer-reviewed literature;

(B) a list of all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant;

(C) a list of all other known cannabinoids with similar effects to, or marketed to have similar effects to, tetrahydrocannabinol class cannabinoids; and

(D) additional information and specificity about the term “container,” as defined in paragraph (3)(C).