Federal hemp definition change (Nov. 12, 2026, and Dec. 11, 2026)
Two federal laws, both quoted from GovInfo, control when the new definition applies. Pub. L. 119-37 (H.R. 5371, enacted Nov. 12, 2025), Div. B § 781, rewrites the hemp definition in 7 U.S.C. 1639o starting 365 days after enactment. Pub. L. 119-103 (enacted Sept. 2, 2026), § 2019, narrows how those amendments apply until Dec. 11, 2026. The dates below are computed from the quoted text; the date arithmetic is Thynk's reading, not a separate official source.
- [L1] Effective-date clause, quoted: "Sec. 781. Effective 365 days after the enactment of this Act, Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended--" Source: Pub. L. 119-37 § 781, GovInfo
- [L1] Enactment date of Pub. L. 119-37, as printed on the slip law: "Nov. 12, 2025 - (H.R. 5371)". Counting 365 days from that date gives Nov. 12, 2026 (Thynk computation). Source: Pub. L. 119-37, GovInfo
- [L1] New core definition, quoted: "
`(A) In general.--The termhemp' means 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 tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis." Source: Pub. L. 119-37 § 781, GovInfo - [L1] Exclusion for intermediate products, quoted: "
(ii) any intermediate hemp-derived cannabinoid products containing--(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;(II) cannabinoids that--(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and(bb) were synthesized or manufactured outside the plant; or(III) more than 0.3 percent combined total of--(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services); or" Source: Pub. L. 119-37 § 781, GovInfo - [L1] Exclusion for final products (this is the 0.4 mg per container cap), quoted: "
(iv) any final hemp-derived cannabinoid products containing--(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;(II) cannabinoids that--(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and(bb) were synthesized or manufactured outside the plant; or(III) greater than 0.4 milligrams combined total per container of--(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services)." Source: Pub. L. 119-37 § 781, GovInfo - [L1] FDA list mandate, quoted: "Within 90 days of the enactment of this act, the Food and Drug Administration, in consultation with other relevant Federal agencies, shall publish--" followed by lists (A) through (D), covering naturally produced cannabinoids, THC-class cannabinoids, similar-effect cannabinoids, and further detail on "container". Source: Pub. L. 119-37 § 781(3), GovInfo
- [L1] Staging, quoted: "SEC. 2019. <
- [L1] Stage 1, from Nov. 12, 2026 through Dec. 10, 2026 (Thynk reading of § 2019's "Until December 11, 2026"): the § 781 amendments apply only to products in new 1639o(1)(C)(ii)(I) and (1)(C)(iv)(I). Those are intermediate and final hemp-derived cannabinoid products containing "cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant". Source: Pub. L. 119-103 § 2019, GovInfo
- [L5] Stage 2, from Dec. 11, 2026: § 2019's limitation ends by its own terms, so all of § 781 applies, including the total-THC plant standard, the exclusion of synthesized naturally occurring cannabinoids, the 0.3 percent intermediate cap, and the 0.4 mg per container final-product cap. Any later extension is UNVERIFIED and should be checked before relying on this. Source: Pub. L. 119-37 § 781, GovInfo
- [L1] Before the change: the current codified text uses a delta-9 THC 0.3 percent standard. Source: 7 U.S.C. 1639o, GovInfo
Earlier wording of this page treated Nov. 12, 2026 as a single all-products effective date. That wording is superseded and survives only in git history.
Thynk Industries, DBA Zero Human Thynk — The nation's premier cannabis, hemp, kratom, psychedelics, peptides & nicotine compliance experts since 2009. Trial policy wiki; not legal advice.