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House Ag Committee Weighs Mary Miller Amendment Targeting THCA Loophole
Published March 26, 2026 · Source: Marijuana Moment
House Ag Committee Weighs Mary Miller Amendment Targeting THCA Loophole
Rep. Mary Miller (R-Ill.) has reintroduced an amendment to the Farm Bill reauthorization that would redefine “hemp” using total-tetrahydrocannabinol — a change that, if enacted, would close the legal pathway most THCA flower currently relies on.
Washington, D.C. — March 26, 2026. The House Agriculture Committee this week considered Amendment offered by Rep. Mary Miller (R-Ill.) that would change the federal definition of hemp from the existing delta-9 ≤0.3% threshold to a total-THC standard. The amendment is similar in substance to language Miller has offered in prior Farm Bill cycles and to the 2024 House Ag Committee draft.
Under current law — the 2018 Farm Bill — cannabis is “hemp” if it contains 0.3% or less delta-9-tetrahydrocannabinol by dry weight at the field-testing stage. The Miller amendment would replace that with a calculation of total THC: delta-9 plus 0.877 times tetrahydrocannabinolic acid (THCA). Because raw flower can carry single-digit-percent delta-9 but 20-30% THCA, the total-THC calculation pushes the vast majority of current THCA flower over the 0.3% line.
The amendment has support from a coalition of state attorneys general, child-safety advocacy groups, and parts of the licensed-cannabis industry that view unregulated hemp-derived intoxicants as a competitive threat. It is opposed by the U.S. Hemp Roundtable, the Hemp Industries Association, and several farm-state Republicans who argue that an abrupt federal redefinition would harm hemp farmers operating in good faith under the existing statute.
According to reporting by Marijuana Moment, committee debate focused on whether to pair the redefinition with a transition period, a carve-out for non-intoxicating cannabinoids, or a separate FDA regulatory pathway for hemp-derived consumables. As of this writing, the amendment has not been formally adopted; House Ag staff describe it as one of several hemp proposals still under negotiation.
What it means for consumers
The amendment is not law. The Farm Bill it would amend has not yet passed either chamber. Even if adopted in committee, the underlying bill must clear the House and Senate, be reconciled, and be signed by the President — and historically Farm Bills have included transition periods for newly regulated crops.
That said, the Miller amendment is the single most important federal text to watch for anyone in the THCA market. If it passes substantially intact, federally legal THCA flower as sold in 2026 would, in most cases, no longer meet the federal hemp definition. State laws like Tennessee HB 0403 and Georgia SB 494 that already use total-THC are a preview of what nationwide enforcement might look like.
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Original source: Marijuana Moment