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1 1 (December 3, 2025)

handle is hein.crs/goveswo0001 and id is 1 raw text is: Change to Federal Definition of Hemp and Implications for Federal Enforcement December 3, 2025 On November 12, 2025, Congress and President Trump enacted a full-year FY2026 Agriculture appropriations act (P.L. 119-37, Division B), which contained a provision that reimposes federal controls over certain hemp products. Both marijuana and hemp are varieties of the cannabis plant, and until 2018, hemp was considered to be marijuana as defined under the Controlled Substances Act (CSA). From 1970 until 2018, the federal government's definition ofmarijuana included hemp and its derivatives, and widespread hemp production was generally prohibited. Under the Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334), Congress amended the CSA definition of marijuana to reflect the differences in the chemical and psychoactive properties between hemp and marijuana, but it referred only to the level of delta-9 tetrahydrocannabinol (THC) to distinguish between them and not the other cannabinoids found within the cannabis plant. Some interpreted this definition ofmarijuana and the new federal definition of hemp to mean that products containing less than 0.3% delta-9 THC in addition to other psychoactive compounds would not be considered marijuana and would legally be considered hemp-the so-called farm bill loophole. Hemp as Marijuana Prior to 2018 In 1970, the CSA classified cannabis and its derivatives as Schedule I controlled substances. Thus, their cultivation, distribution, or possession was prohibited-except in the context of approved research studies. This classification largely remained unchanged in the following decades unless certain products or derivatives were specifically exempted or listed in other schedules. While the federal government has maintained marijuana as a Schedule I substance, states have established a range of laws and policies allowing for the medical and recreational use of marijuana. Most states have deviated from across-the-board prohibition of marijuana, and most have laws and policies allowing for some cultivation, distribution, and possession of marijuana or low-THC cannabis. Congressional Research Service https://crsreports.congress.gov IN12620 CRS INSIGHT Prepared for Members and Committees of Congress