Potential Revisions to the 2018 Farm Bill: Hemp Definition in Congress
The 2018 Farm Bill hemp definition transformed the American cannabis landscape, legalizing hemp and spurring explosive industry growth. Yet, as Congress debates changes for 2025 and beyond, the conversation has shifted to address concerns over intoxicating hemp products, regulatory loopholes, and state-federal conflicts. Here’s what cannabis businesses, investors, and compliance professionals need to know about the evolving federal hemp definition—and what it could mean for the industry.
Background: The Current 2018 Farm Bill Hemp Definition
The Agricultural Improvement Act of 2018—better known as the 2018 Farm Bill—removed hemp (Cannabis sativa L. with ≤0.3% delta-9 THC by dry weight) from the Controlled Substances Act. This move unleashed a wave of innovation, spawning markets for CBD, CBG, delta-8 THC, and a host of other hemp-derived compounds.
- Hemp is defined federally as cannabis with a delta-9 THC concentration not more than 0.3% on a dry weight basis.
- All derivatives, extracts, and cannabinoids from hemp qualify, subject to the same THC limit.
- States may regulate or restrict hemp products more strictly, but cannot prohibit interstate hemp shipments.
For a deep dive, see the official Congressional Research Service (CRS) PDF on hemp law and challenges.
Evolving Controversies: Delta-8, Intoxicating Products, and State Pushback
Since 2018, the hemp industry’s innovation has outpaced federal and state regulations, particularly with the rise of intoxicating cannabinoids synthesized from hemp-derived CBD (such as delta-8 THC and THC-O). These products have:
- Exploited federal loopholes by remaining below the 0.3% delta-9 THC threshold, while still producing psychoactive effects.
- Drawn warnings and crackdowns from the FDA and DEA, and fueled calls for new federal regulations.
- Led to a patchwork of state bans, restrictions, or tighter controls on hemp-derived cannabinoids—challenged and sometimes invalidated in federal courts (CRS summary).
Congressional Debate: Potential Revisions in 2025
1. Redefining Hemp by Total THC
A leading proposal under debate in Congress—reflected in the 2025 House agriculture appropriations bill and Senate committee drafts—would redefine hemp:
To include the cannabis plant and all derivatives with a total THC concentration of not more than 0.3 percent.
This "total THC" standard would aggregate all THC cannabinoids (including delta-8, delta-9, and others), dramatically changing which products qualify as hemp. See Marijuana Moment report
Key Impact:
- Would close loopholes for products synthesized from legal hemp (e.g., delta-8, delta-10, THC-O), many of which currently evade regulation by staying below the delta-9 threshold alone.
- Could force many existing products off the market or into state-regulated cannabis frameworks.
2. Stricter Testing and Compliance
Congressional discussions also include measures to tighten testing, packaging, and labeling for hemp products. Compliance updates likely to emerge from revised legislation may require:
- Increased third-party testing for total THC content before products reach market.
- Updated requirements for child-resistant packaging and clear, accurate labeling to help consumers distinguish between intoxicating and non-intoxicating products.
- Expanded use of seed-to-sale tracking systems to mirror state cannabis compliance models.
- Updated definitions for "synthetic cannabinoids" to limit the ability to chemically modify hemp derivatives in unregulated ways.
3. Enforcement Clarity and Penalties
A major challenge since 2018 has been inconsistent enforcement—federal agencies, states, and local authorities disagree on how or whether to prosecute hemp-derived cannabinoid sales:**
- New Farm Bill revisions are expected to set clearer federal penalties for mislabeling or exceeding THC limits.
- The Drug Enforcement Administration (DEA) may be empowered to crack down more efficiently on "intoxicating hemp" if clear statutory guidance emerges.
- Enhanced enforcement may push businesses to double down on compliance, or risk product seizures and significant fines.
4. Addressing Social Equity and State-Federal Preemption
Recent lawsuits (see Sativa University CRS update) highlight disputes over whether states can ban certain hemp products outright. Congress is being urged to address:
- Uniformity: Encouraging federal guidelines to minimize clashes between state and federal law on hemp distribution.
- Equity provisions: Advocates seek stronger support for small and minority-owned operators who may be disadvantaged by rapid regulatory changes.
CRS Report: Four Congressional Considerations for Hemp Redefinition
The Congressional Research Service (CRS) issued a widely cited August 2025 report outlining four technical considerations for Congress as it revises the Farm Bill’s hemp provisions:
1. Intoxicating vs. Non-Intoxicating Products: Should the law specify which hemp cannabinoids are excluded from the Controlled Substances Act based on effects?
2. Uniformity of State Laws: How can federal regulations incentivize or require greater state consistency?
3. Testing Methodologies: What analytical standards should apply for measuring “total THC”—especially given interstate commerce and variety in lab capabilities?
4. Enforcement and Penalties: How should Congress direct enforcement agencies to police violations, and at what scale?
These open questions mean 2025 Farm Bill negotiations remain highly fluid.
2025 Regulatory Timeline for Businesses
- August–Fall 2025: Ongoing committee debate on Farm Bill language, including hemp provisions in agriculture appropriations bills (see CRS In12565 summary).
- Q4 2025: Conference committee and final floor votes; possible amendments addressing total THC and product definitions.
- Implementation Timeline: New rules likely to include transition windows for existing businesses—details will depend on final legislative text.
Compliance Takeaways for Cannabis & Hemp Businesses
Prepare now for likely regulatory tightening:
- Audit product portfolios for combined delta-8, delta-9, and other THC concentrations, not just delta-9 on its own.
- Enhance compliance controls: Update testing, packaging, labeling, and recordkeeping systems to reflect a possible new landscape.
- Monitor proposed federal and state legislation closely for shifts in compliance benchmarks or application windows for new licensing categories.
- Consult state regulations: Some states have already imposed stricter rules around cannabinoid content, even under current federal law.
- Expect expanded scrutiny from federal regulators (USDA, FDA, DEA) and state partners post-revision.
Consumer Impact and Market Access
- Intoxicating hemp products (e.g., delta-8 vapes, gummies) may face bans or be regulated under adult-use marijuana programs.
- Potential for reduced product selection in mainstream retail and increased price points as products move into the regulated cannabis supply chain.
- Consumers and retailers should carefully check state and local rules, as enforcement actions may escalate during the legislative transition.
External Resources for Further Reading
Conclusion
The 2025 congressional push to revise the 2018 Farm Bill hemp definition could reshape the American hemp and cannabis supply chain. Businesses must prepare for tighter compliance, more rigorous testing, and the likely end of many “intoxicating hemp” loopholes. Stay proactive, keep your compliance teams up to date, and watch for late-breaking legislative updates.
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