How Does the 2026 Federal Hemp Definition Change Take Effect?

Public Law 119-37, section 781, amends the federal hemp definition in 7 U.S.C. 1639o. Public Law 119-103, Division B, section 2019, provides that until December 11, 2026, those amendments apply only with respect to the synthetic cannabinoid exclusions in 7 U.S.C. 1639o(1)(C)(ii)(I) and (1)(C)(iv)(I). The rest of the change, including the shift to total tetrahydrocannabinols, including tetrahydrocannabinolic acid (THCA), at not more than 0.3 percent on a dry weight basis, and the 0.4 milligram final product limit, applies after that date unless a later law changes it.

Original schedule. Section 781 was set to take effect 365 days after enactment of Public Law 119-37, which would have been November 12, 2026. The new definition replaces the earlier one, which was based on delta-9 THC.

What is excluded. Once fully in effect, the new definition does not include:

• Viable seeds from a plant above 0.3 percent total THC.
• Intermediate hemp-derived cannabinoid products containing cannabinoids that cannot be naturally produced by the plant, or naturally occurring cannabinoids synthesized or manufactured outside the plant.
• Intermediate products with more than 0.3 percent combined total THC and similar cannabinoids, or intermediate products sold as a final product or directly to consumers.
• Final hemp-derived cannabinoid products with synthesized cannabinoids, or with more than 0.4 milligrams combined total THC and similar cannabinoids per container.

The Secretary of Health and Human Services determines which other cannabinoids have effects similar to THC.

Industrial hemp. The law separately defines industrial hemp, such as plants grown for stalk, fiber, grain, oil or seed, and plants that support hemp research at a college or independent research institute.

Workplace impact. Products that fall outside the hemp definition lose the hemp exclusion. The FAQ on what marijuana is explains THC, and the FAQ on DEA drug schedules explains how marijuana is controlled. Background on consumer products is in the news post on using CBD in the United States.

Program rules. AMS runs the U.S. Domestic Hemp Production Program. The FAQ on AMS hemp producer licensing covers who may grow hemp.