Frequently Asked Questions

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.

A person who wants to grow hemp must be licensed or authorized under a USDA-approved State or Tribal plan or under a USDA hemp producer license, and must meet the felony, background and violation rules in 7 CFR Part 990, which AMS administers (7 CFR 990.3 and 990.21).

Felony bar. A person with a State or Federal felony conviction relating to a controlled substance may not take part in a plan or produce hemp for 10 years from the date of conviction. An exception applies to a person lawfully growing hemp under the 2014 Farm Bill pilot program before December 20, 2018, whose conviction also occurred before that date (7 CFR 990.6(e)).

Criminal history reports. Applicants for a USDA hemp producer license must submit a criminal history report for each key participant, dated within 60 days of the application (7 CFR 990.21).

Negligent violations. Negligent violations include failing to provide a legal description of the land where hemp is produced, producing without a license or required authorization, and producing cannabis above the acceptable hemp THC level (7 CFR 990.6(b)). A producer does not commit a negligent violation for an over-limit crop if it made reasonable efforts to grow hemp and the plants did not exceed 1.0 percent total delta-9 THC on a dry weight basis. A producer may receive no more than one negligent violation per growing season.

Three strikes. A producer that negligently violates a plan three times in a five-year period is ineligible to produce hemp for five years from the date of the third violation (7 CFR 990.6(c)(4)). A negligent violation does not lead to criminal enforcement.

Background checks at work. The felony bar is a licensing rule, not a general hiring rule. Hemp employers that run drug-free workplace policies follow separate rules, covered in the FAQ on employer rights and restrictions in drug testing and the FAQ on what recreational marijuana is.

Data collection. USDA also collects production data from hemp growers, as described in the news post on USDA NASS hemp production data collection.

Hemp must be sampled within 30 days before harvest and tested for total delta-9 THC under 7 CFR Part 990, and AMS has announced that it is delaying, until December 31, 2026, enforcement of the requirement that the testing be done by a DEA-registered laboratory (7 CFR 990.3 and AMS hemp page).

Sampling. Samples must be collected within 30 days before the anticipated harvest by a sampling agent. Producers may not collect samples from their own growing facilities, and the crop may not be harvested before samples are taken (7 CFR 990.3(a)(2)).

Testing standard. A laboratory must report the total delta-9 THC concentration on a dry weight basis together with the measurement of uncertainty (7 CFR 990.1). A sample is within the acceptable hemp THC level when applying the measurement of uncertainty to the result produces a range that includes 0.3 percent or less (7 CFR 990.1). Laboratory methods must meet the quality assurance and validation standards in 7 CFR 990.25.

Non-compliant plants. Plants above the acceptable level are marijuana under the Controlled Substances Act. Producers must dispose of them through a DEA-registered reverse distributor or law enforcement, or on site, or remediate them, and must notify USDA and document the result (7 CFR 990.27).

Laboratory registration. AMS announced on its hemp page that it is delaying enforcement of the DEA-registered laboratory requirement until December 31, 2026 (AMS hemp page). The FAQ on certified laboratories for drug testing explains a separate certification system used for workplace drug tests.

Workplace testing is different. Crop THC testing measures the plant. Workplace drug tests measure drug metabolites in a person's specimen against cutoff levels, as described in the FAQ on SAMHSA cutoff levels. A grower's crop test result does not affect how an employee's test is read.

Definition change. Public Law 119-37 moves the statutory hemp definition to total THC including THCA, but Public Law 119-103, Division B, section 2019, provides that until December 11, 2026, the change applies only to the synthetic cannabinoid exclusions. Part 990 states its testing standard in terms of total delta-9 THC (7 CFR 990.1). The FAQ on the federal hemp definition covers the schedule.