New Hemp Definition Raises Enforcement Concerns for Federal Agencies

A recent report by the Congressional Research Service (CRS) has highlighted potential challenges in enforcing the newly updated federal definition of hemp. While the legislation has been passed, the report questions the feasibility of implementing these changes effectively. The new definition, which will come into effect on November 12, 2026, specifies that hemp must have a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis. Additionally, it restricts products containing more than 0.4 milligrams of total THC or THCA per container

The Congressional Research Service, a nonpartisan entity that supports congressional committees, released the report titled "Change to Federal Definition of Hemp and Implications for Federal Enforcement" on December 3. This report examines the evolution of hemp legislation, particularly following the 2018 Farm Bill, and its implications for federal enforcement. The redefinition of hemp was part of the FY26 Agriculture Appropriations Bill, which was passed after the recent government shutdown

According to the CRS, the revised definition of hemp not only includes the plant Cannabis sativa L. and its derivatives but also excludes products with cannabinoids that do not occur naturally in the plant or have similar effects to THC. The U.S. Food and Drug Administration (FDA) is tasked with publishing further guidelines within 90 days of the bill's enactment to clarify which cannabinoids fall under these categories. The report suggests that these changes could reimpose federal controls over certain hemp products

Industry stakeholders, including the US Hemp Roundtable, have expressed significant concerns about the new definition's impact on the hemp industry. They argue that the stringent restrictions could threaten the viability of hemp businesses and are advocating for states to have the authority to regulate hemp independently of federal oversight. The US Hemp Roundtable has also proposed an action plan to extend the ban and mitigate potential negative effects on the industry

The CRS report raises questions about how federal agencies like the FDA and the Drug Enforcement Administration (DEA) will enforce the new regulations, given their limited resources. It draws parallels to the current federal approach to marijuana, where states have been permitted to regulate despite conflicting federal laws. The report suggests that Congress may need to oversee federal enforcement priorities and consider the resources needed for effective regulation. It remains to be seen how these changes will impact the market and whether federal agencies will take further steps to control intoxicating hemp products

Looking forward, the CRS report indicates that federal agencies might need to collaborate closely with the Department of Justice to address these regulatory challenges. The report underscores the importance of having clear enforcement strategies and sufficient resources to manage the complexities of the hemp market effectively. As the industry awaits further guidelines from the FDA, stakeholders continue to monitor the situation closely, anticipating potential adjustments to federal and state regulatory frameworks