The federal hemp redefinition arrives in two steps: synthetic cannabinoids on Nov. 12, the total-THC limits on Dec. 11

Congress rewrote the federal definition of hemp in a fiscal 2026 spending law, P.L. 119-37 (Division B, section 781), enacted November 12, 2025. The change was set to take effect 365 days later, on November 12, 2026. Then a stopgap spending law enacted September 2, P.L. 119-103, split that date in two. Section 2019 of that law is the provision; the Congressional Research Service's latest summary, updated September 28, explains it.

What the new definition does

The 2018 farm bill defined hemp by its delta-9 THC concentration, no more than 0.3 percent by dry weight. CRS notes that some read that standard as allowing products high in other THC forms, such as delta-8, a reading critics called the "farm bill loophole." The new definition measures total THC, including THCA, against the same 0.3 percent line. It also adds exclusions. Once they take effect, products that fall under them are no longer hemp and are regulated as marijuana under the Controlled Substances Act, according to CRS. The excluded categories, per CRS and the statute as codified:

• viable seeds above 0.3 percent total THC;
• products containing cannabinoids that can't be produced naturally by the plant;
• products with naturally occurring cannabinoids that were synthesized or manufactured outside the plant;
• intermediate products above 0.3 percent combined total THC and similar cannabinoids; and
• intermediate products marketed or sold as a final product, or directly to consumers; and
• final products with more than 0.4 milligrams combined total THC and similar cannabinoids per container. ("Container" means the innermost packaging that touches the product at retail, per CRS.)

Two effective dates

Section 2019 of P.L. 119-103 says that until December 11, 2026, the 2025 changes "shall only apply" to products described in two paragraphs of the new definition: (1)(C)(ii)(I) and (1)(C)(iv)(I). In the codified text, those are the exclusions for intermediate and final products containing cannabinoids "not capable of being naturally produced" by the plant, which CRS describes as certain synthetic cannabinoids. So that exclusion takes effect November 12, and products that fit it would be treated as marijuana from that date, CRS says. The other changes, including the total-THC test and the 0.4-milligram per-container cap, do not take effect until December 11, according to CRS.

CRS also reported that, as of September 28, the Food and Drug Administration had not published the lists of cannabinoids, and further detail on the term "container," that the 2025 law told it to publish within 90 days of enactment. We have not found a later FDA publication; check fda.gov before relying on that.

Who wants what

CRS describes two camps. Attorneys general in several states have opposed any delay, saying they support the new definition and that their states have already aligned their laws with it. Some hemp industry groups oppose the change and prefer regulating hemp-derived consumer products through agencies such as the FDA. They have generally backed a delay to give Congress time to write a different framework.

Several bills reflect those views, according to CRS. H.R. 7010, H.R. 7024 and S. 3686 would push the effective date back two more years, and H.R. 6209 would repeal the change. S. 2112 would allow up to 1 percent delta-9 THC, H.R. 9830 up to 1 percent total THC, and S. 4315 would defer to state definitions. The House-passed FY2027 agriculture spending bill, H.R. 8646, contains no delay.

Illinois isn't waiting

Illinois plans to start enforcing its own 0.4-milligram-per-container line on November 12, regardless of the federal delay, according to an Illinois Department of Revenue bulletin. The bulletin says consumable or topical products above that line become "cannabis" under Illinois law and may be sold only under the state's Cannabis Regulation and Tax Act.

What to watch

December 11 is also the date written into the stopgap funding in P.L. 119-103 (section 106) as the latest point its continuing appropriations run. Whether Congress changes the hemp dates again is open. CRS lists pending bills, and none had been enacted as of its September 28 update. We'll report changes when they're enacted, not before.

Sources

• Congressional Research Service, IF13136 (updated Sept. 28, 2026)
• Public Law 119-103 (PDF)
• Illinois Department of Revenue, bulletin FY 2027-04

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