Bipartisan Congressional Bill Proposes FDA Regulation of CBD and Opens Path to Medicare Coverage

A bipartisan bill introduced in Congress Thursday could mark a turning point for the regulation of hemp-derived CBD products in the United States. The proposed Hemp Enforcement, Modernization and Protection (HEMP) Act would, for the first time, grant the U.S. Food and Drug Administration (FDA) authority to set federal cannabinoid limits for hemp-derived products. This legislative move comes on the heels of President Donald Trump's recent push for Medicare to cover CBD, a promise made last month but not yet fulfilled due to regulatory gaps at the federal level

The bill is spearheaded by Republican Representative Morgan Griffith of West Virginia and Democratic Representative Marc Veasey of Texas. It specifically aims to address the regulatory vacuum for CBD products, which remain in legal limbo despite the 2018 Farm Bill legalizing hemp cultivation. According to a statement from Griffith’s office, the HEMP Act is designed to focus on CBD regulation, although draft language also allows the Secretary of Health to set THC limits for hemp-derived products. "I look forward to working with my colleagues, the Trump Administration and the FDA to perfect this bill," Griffith said, highlighting the urgency to resolve confusion over the safety and legality of CBD-containing products

The proposal arrives as the U.S. hemp industry faces significant uncertainty, particularly with a federal ban on hemp-derived THC products set to take effect in November. The ban, signed into law by President Trump last year, restricts THC in hemp products to no more than 0.4 milligrams per package, a threshold that advocates argue effectively criminalizes most CBD products on the market. This situation is especially pressing for the $28 billion hemp sector, which could face existential threats unless Congress enacts new regulations or delays the ban

Under the terms of the HEMP Act, Health Secretary Robert F. Kennedy Jr. would be tasked with establishing cannabinoid content limits for various hemp products—including those intended for oral, inhalable, or topical use—within 60 days of the bill’s passage. If no action is taken within three years, the bill sets automatic limits: 10 milligrams of cannabinoids per serving and 50 milligrams per package for edibles, and 100 milligrams per serving and 500 milligrams per package for inhalable and topical products. However, as noted by observers, the wording does not specify which cannabinoids are covered, leaving the door open to future amendments addressing hemp-derived THC

Hemp industry advocates have welcomed the bill as a necessary first step, but caution that significant work remains. Jonathan Miller, chair of the U.S. Hemp Roundtable, commented, “While this first step is very important, there is much work yet to be done before final passage.” Efforts to include a pause on the impending hemp-derived THC ban in recent federal spending bills have so far failed, intensifying calls for comprehensive federal regulation. Stakeholders are urging Congress to prioritize clear, science-based rules to protect both consumers and legitimate businesses

From the OG Lab newsroom perspective, this bipartisan initiative signals a potentially transformative shift in how CBD and hemp-derived products are regulated in the United States. As the industry awaits a federal framework, the outcome of this legislation will be pivotal not only for product safety and consumer access, but also for the broader integration of cannabinoid therapies into mainstream healthcare. The next steps in Congress will be closely watched by stakeholders across the cannabis sector, as federal clarity could reshape the market’s trajectory in the coming years