Federal hemp laws are expected to change in 2026. Here's exactly what that means for the Medicare CBD program and what CMS has committed to do when laws shift.
Related: Program Updates | Complete Guide | Hemp Law Changes 2026
Current Legal Status of Hemp Under Federal Law
Under the 2018 Farm Bill, hemp is defined as cannabis containing no more than 0.3% delta-9 THC by dry weight. Products meeting this definition are federally legal. The Medicare CBD program uses this same definition as its baseline compliance requirement. Any product in the program must come from Farm Bill compliant hemp.
What Federal Hemp Law Change Is Expected
The 2018 Farm Bill expired and Congress has been working on updated farm legislation. The new framework is expected to update the definition of hemp and address regulatory questions around hemp-derived cannabinoids including delta-8 THC and other variants that weren't clearly contemplated in the 2018 law. The specific timing and provisions of final legislation aren't confirmed as of this writing, check our news page for updates as they come.
What CMS Has Said About Law Changes
CMS has indicated its intent to update the Medicare CBD program's definitions to align with whatever federal hemp law takes effect. When the legal definition of hemp changes, CMS has signaled it will update the program's compliance requirements accordingly. This means the program is designed to remain current with federal law rather than becoming outdated when laws change.
The practical implication: products that are compliant under current Farm Bill definitions remain compliant until CMS updates its requirements. When CMS updates requirements after a law change, participating organizations will need to confirm their product selections still qualify under the new definitions.
How Wholesale Hemp Farms Is Positioned
Our USDA Organic hemp farming operation is built for regulatory compliance across different frameworks. We maintain documentation of our growing practices, cannabinoid profiles, and lab testing in ways that can be adapted to different compliance requirements as laws evolve. We monitor federal hemp legislation closely and will update our compliance documentation promptly when new requirements take effect.
What Patients and Clinics Should Do Now
Access the program now if you qualify, don't wait for law changes to sort themselves out. The program is live and the benefit is real. Monitor our news page for updates when legislation finalizes. Clinics should include flexibility language in implementation plans for addressing product definition changes.
