Congressional Research Service Report Raises Hemp Enforcement Questions

A report from the Congressional Research Service (CRS) explains that, though the legislation redefining hemp has passed, it remains unclear if the enforcement of the new definition will be feasible once effective (1).

On December 3, the nonpartisan CRS released a report, Change to Federal Definition of Hemp and Implications for Federal Enforcement, which explains the content of recent legislation, the status of hemp before and after the 2018 Farm Bill, and the implications for the new policy. The CRS serves as shared staff to congressional committees and Congress Members, and operates under the direction of Congress.

New Definition of Hemp

Last month, the US government shutdown ended with the passing of the FY26 Agriculture Appropriations Bill, which included a provision that redefined hemp and bans any product that contained more than 0.4 mg total tetrahydrocannabinol (THC) (2). According to the bill, the new definition of hemp refers to: the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis (3). As the CRS notes, the total concentration of THC is now part of the definition of hemp.

This definition also excludes products that contain cannabinoids not capable of being produced naturally by the Cannabis sativa L. plant, cannabinoids with similar effects of THC, or more than 0.4 milligrams combined total per container of THC or THCA. The definition takes effect November 12, 2026. Additionally, the US Food and Drug Administration (FDA) has 90 days after the enactment to publish lists further defining naturally occurring cannabinoids, THC class cannabinoids, and cannabinoids with similar effects to THC.

The new hemp provision, the CRS report states, “reimposes federal controls over certain hemp products.”

Industry Response and the Issue of Enforcement

Industry stakeholders have voiced opposition to the definition, the report states. One example is a November 25 statement from the US Hemp Roundtable, expressing concern for the future of hemp businesses and outlining an action plan, including efforts to secure an extension on the ban and the ability for states to regulate hemp without federal interference (4).

Enforcement of the law remains a concern as well. “While the change to the hemp definition will seemingly alter the legal status of many hemp products currently available on the market, it remains unclear if and how federal law enforcement will enforce the new prohibitions when the new definition goes into effect,” the CRS report states. “In marijuana's case, the federal response has largely been to allow states to implement their own marijuana laws despite the fact that state-regulated activities may violate the CSA. If intoxicating hemp products persist on the market after the change to their legal status, it is possible they could be subject to the same criminal and collateral issues as marijuana. It also remains to be seen whether FDA will pursue additional options to remove these items from the market. Both FDA and DEA may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market.”

The report also notes some possible options for moving forward. “Congress may choose to exercise oversight over federal enforcement priorities regarding state-regulated cannabis activities. FDA (under the FDCA) and DEA (under the CSA), in coordination with the Department of Justice, have a range of civil and criminal remedies they may use in efforts to exercise control over these activities,” it noted.

References

1. Congressional Research Service. Change to Federal Definition of Hemp and Implications for Federal Enforcement. December 3, 2025. https://www.congress.gov/crs-product/IN12620 (Accessed 2025-12-10).
2. Colli, M. US Government Shutdown Ends with Redefinition of Hemp. November 13, 2025. https://www.cannabissciencetech.com/view/us-government-shutdown-ends-with-redefinition-of-hemp (Accessed 2025-12-10).
3. PUBLIC LAW 119–37. SUBCHAPTER VII—HEMP PRODUCTION https://uscode.house.gov/view.xhtml?path=/prelim@title7/chapter38/subchapter7&edition=prelim (Accessed 2025-12-10).
4. Colli, M. The US Hemp Roundtable Urges for Action Following Redefinition of Hemp. November 25, 2025. https://www.cannabissciencetech.com/view/the-us-hemp-roundtable-urges-for-action-following-redefinition-of-hemp (Accessed 2025-12-10).