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1 [1] (May 28, 2026)

handle is hein.crs/goveugw0001 and id is 1 raw text is: Con re sY~n I flesedrch Service horujig Aecj have le a~m 'e1914 Updated May 28, 2026 Changes to the Statutory Definition of Hemp and Issues for Congress The FY2026 Agriculture Appropriations Act (P.L. 119-37, Division B) amends the statutory definition of hemp in 7 U.S.C. §1639o established by the Agriculture Improvement Act of 2018 (2018 farm bill; P.L. 115-334, §10113). The change to the definition-scheduled to go into effect 365 days after the enactment of P.L. 119-37 (November 12, 2026)-will likely have implications for hemp growers and U.S. Department of Agriculture (USDA) policy. This In Focus discusses congressional actions regarding the definition of hemp, the potential effect of the new definition on the hemp industry, and selected issues for Congress. For the potential implications on the broader consumer product industry and law enforcement, see CRS Insight IN12620, Change to Federal Definition ofHemp and Implications for Federal Enforcement. ackground Hemp and marijuana are from the same plant species, Cannabis sativa. Generally, growers describe hemp and marijuana as from different varieties or cultivars of cannabis, although regulators have characterized them according to their chemical content. Among the chemical compounds of cannabis are cannabinoids. Cannabinoids include tetrahydrocannabinols (THCs), which are psychoactive cannabinoids naturally contained in cannabis or synthetically created in a lab. Delta-9 THC is the primary psychoactive compound in cannabis though other THCs may be present in cannabis. Other cannabinoids (such as cannabidiol, or CBD) generally are not considered to be psychoactive. For more on cannabinoids and cannabis plants, see CRS Report R44742, Defining Hemp: A Fact Sheet. From 1970 to 2018, cannabis and its derivatives were generally included in the Controlled Substances Act's (CSA's; 21 U.S.C. §§801 et seq.) definition of marijuana and regulated as Schedule I controlled substances. The 2018 farm bill amended the definition of marijuana to exclude hemp, as defined in the act, thus allowing for hemp cultivation in the United States. In the legislation, Congress preserved the authority of the Food and Drug Administration (FDA) to regulate hemp-derived products. The statutory definition of hemp from the 2018 farm bill is 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 tetrahydrocannabinolic [THC] concentration of not more than 0.3 percent on a dry weight basis. Some have interpreted the 2018 farm bill definition to mean that products containing 0.3% delta-9 THC or less but that may contain significant amounts of other psychoactive compounds would not be considered marijuana and would legally be considered hemp. This interpretation has been referred to as the so-called farm bill loophole. In the years following the enactment of the 2018 farm bill, some stakeholders and policymakers raised concerns about the proliferation of products marketed as hemp that contain other cannabinoids, such as delta-8 THC. These products are sold in a variety of formats (e.g., gummies, drinks, candies), with some packaged in containers similar to existing snack food brands. Some of these products contain cannabinoids other than delta-9 THC at concentrations that can make the products intoxicating. In the 118th Congress, legislation was introduced to amend 7 U.S.C. §1639o to include a total THC limit, rather than delta-9 THC only, and add restrictions on potentially intoxicating cannabinoid products. Two proposals were a House Committee on Agriculture approved farm bill (H.R. 8467) and a FY2025 Agriculture appropriations bill (H.R. 9027, §760). These proposals were not enacted into law. In the 119th Congress, both the House and Senate committee-reported Agriculture appropriations bills contained hemp provisions that resembled those considered in the 118th Congress (H.R. 4121, §759, and S. 2256, §781), such as including a limit of total THC and adding restrictions on potentially intoxicating cannabinoid products. Congress continued to deliberate whether or not to amend the statutory definition of hemp in the following months. Ultimately, Congress passed the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (P.L. 119-37), which amended the statutory definition of hemp as described below. An amendment (S.Amdt. 3941) to remove the hemp provision was tabled during consideration of the bill. Changes to the Def n ion of Hemp The statutory definition of hemp after the enactment of P.L. 119-37, Division B, §781, in part is 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 total [THC] concentration (including tetrahydrocannabinolic acid [THCA]) of not more than 0.3 percent on a dry weight basis.