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1 1 (December 8, 2025)

handle is hein.crs/govesxt0001 and id is 1 raw text is: Changes to the Federal Definition of Hemp: Legal Considerations Under the Controlled Substances Act December 8, 2025 The cannabis plant and products derived from cannabis may be subject to regulation under multiple provisions of federal and state law, including controlled substances laws, agricultural laws, and laws governing consumer products such as food, drugs, and cosmetics. One regulatory framework that may apply to cannabis products is the federal Controlled Substances Act (CSA). Under federal law, cannabis and its derivatives are generally classified as either marijuana or hemp. Marijuana is a controlled substance subject to stringent regulation under the CSA, while hemp is not a controlled substance. The CSA also separately regulates tetrahydrocannabinols (THC), other than [THC] in hemp. In November 2025, the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (Pub. L. No. 119-37), narrowed the definition of hemp. Once the amendment takes effect, some cannabis products that were previously legally classified as hemp will no longer fit that definition and will instead be classified as marijuana or CSA-regulated THC. This Legal Sidebar provides an overview ofthe change to the legal definition of hemp and its implications for regulation of cannabis products under the CSA, then discusses related legal considerations for Congress. Cannabis and Its Derivatives Botanically, hemp and marijuana are different varieties or cultivars of the same plant species, Cannabis sativa. The botanical classification of cannabis may differ from its legal classification under federal law, so a plant or other product that is botanically classified as hemp may be legally deemed to be marijuana, or vice versa. Cannabis-derived products take numerous forms and have various uses. Chemicals found in cannabis, known as cannabinoids, may have physiological or psychoactive effects. Thus, the cannabis plant or products containing cannabinoids may be used for medical and recreational purposes. Delta-9 THC is the primary cannabinoid that produces the high associated with marijuana use. Delta-9 THC and other psychoactive cannabinoids may be extracted from the cannabis plant or synthesized in a lab and included Congressional Research Service https://crsreports.congress.gov LSB11381 CRS Legal Sidebar Prepared for Members and Committees of Congress