Congressional leaders have released another large-scale funding bill and related reports that contain cannabis provisions.
The new package would require Customs and Border Protection (CBP) to provide a briefing on seizures of marijuana products from state-legal businesses, direct a health agency to publish information about cannabinoid hyperemesis syndrome and block transportation officials from encouraging illegal drug or alcohol use in impaired driving PSAs.
The appropriations deal, covering Fiscal Year 2026 spending for Defense; Homeland Security; Labor, Health and Human Services, Education; and Transportation, Housing and Urban Development, was released by leaders of the House and Senate Appropriations Committees on Tuesday.
One section of the report for the Department of Homeland Security appears to be responsive to CBP seizures of cannabis products from state-licensed businesses in New Mexico:
“Cannabis Seizures. -Within 120 days of the date of enactment of this Act, CBP shall provide to the Committees a briefing on cannabis seizures to include products containing cannabis or related paraphernalia that are possessed, sold, or transferred by a cannabis distributor in compliance with applicable state or tribal law and regulations.”
CBP has been sued by New Mexico marijuana businesses over the seizures, and Gov. Michelle Lujan Grisham (D) has vocally pushed back on those actions.
Now, it seems, congressional leaders are demanding the agency provide information about how its enforcement actions are impacting operators who are acting in accordance with state law.
The report for the Department of Health and Human Services, meanwhile, directs the Centers for Disease Control and Prevention (CDC) to publish information about cannabinoid hyperemesis syndrome (CHS) in youth:
“Cannabinoid Hyperemesis Syndrome in Youth.-The agreement directs CDC to publicly release a report regarding Cannabinoid Hyperemesis Syndrome in Youth within 180 days of the enactment of this Act.”
CHS is a condition in which people experience nausea, vomiting and abdominal pain after consuming cannabis. Under the new report directive, CDC would have to issue a public report on the condition.
The new funding bill itself contains a provision blocking the National Highway Traffic Safety Administration (NHTSA) from using any of its appropriated monies to “encourage illegal drug or alcohol use” in its public service announcement advertising campaigns:
“SEC. 141. None of the funds provided in this Act may be used to encourage illegal drug or alcohol use in the National Highway Traffic Safety Administration’s impaired driving advertising campaigns.”
The rider is seemingly in response to previous marketing materials that leaned into cannabis culture to deter impaired driving. Marijuana legalization opponents cheered when a similar provision was approved last year.
Finally, the legislation maintains a rider that blocks the use of funds for “any activity that promotes the legalization of any drug or other substance included in schedule I” of the Controlled Substances Act.
“SEC. 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.”
The provision has been included in federal spending legislation since the 1990s. Rep. Alexandria Ocasio-Cortez (D-NY) in past years has attempted to get that language deleted by arguing that it impedes research on psychedelics, but her amendments have been defeated.
Lawmakers have recently advanced other federal spending legislation that would continue protecting state medical cannabis programs from federal interference while excluding a provision that would have prevented the Trump administration from rescheduling cannabis.
An additional funding package contains a rider that would keep blocking Washington, D.C. from legalizing recreational marijuana sales.
Separately in Congress, bipartisan House and Senate lawmakers are pushing to delay enactment of a law that will federally recriminalize hemp THC products that was signed by President Donald Trump late last year.
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