Introduction: The Loper Bright Decision and Its Ripple Effect
In June 2024, the U.S. Supreme Court issued its landmark decision in Loper Bright Enterprises v. Raimondo, striking down the nearly 40-year-old Chevron deference. This doctrine had long required courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes—a pillar of modern administrative law. With the end of Chevron deference, federal courts are now empowered (and expected) to independently interpret statutory text, with no automatic favor for agency expertise.
This seismic shift is rapidly restructuring the terrain for cannabis and hemp compliance. Federal agencies—especially the FDA, USDA, DEA, DOT, and CPSC—now find their guidance, rules, and enforcement actions open to direct challenge in court if those rules rely on ambiguous statutory language. In 2025, the first wave of litigation is demonstrating just how dramatically the regulatory and compliance landscape is changing for every cannabis and hemp operator in the U.S.
Key Agencies in the Post–Chevron Era: What’s Changed?
FDA: CBD in Foods, Dietary Supplements, and Labeling
Prior to Loper Bright, the FDA’s stance on CBD as an ingredient in foods and dietary supplements was based on a combination of statutory interpretation and agency guidance. Courts typically deferred to the FDA’s expertise when companies challenged enforcement actions regarding CBD marketing, product claims, or inclusion in consumables. But in the wake of Loper Bright, litigators are already targeting FDA rulings head-on wherever the statutory text lacks clarity.
- Recent food and dietary litigation (see Sidley Austin insights) shows courts now scrutinizing the statutory basis for FDA decisions rather than automatic deference.
- CBD brands challenging warning letters, refusals to approve new dietary ingredients, or GMP enforcement are now finding courts less willing to rubber-stamp FDA actions rooted in policy rather than clear congressional mandates.
- This means the FDA must ground every enforcement and guidance document in the explicit text—or, if ambiguous, the clear legislative intent—of the FDCA (Food Drug and Cosmetic Act), not just internal policy.
Takeaway for brands: Document and align compliance not only with FDA guidance but with the precise statutory commands (and any available legislative history) of the FDCA. If statutory authority for an FDA action on CBD or hemp extracts is ambiguous, affected businesses may have a viable path to challenge and seek judicial relief.
USDA: Hemp Regulations and Testing Protocols
The USDA’s hemp regulations (born from the 2018 Farm Bill) have set the federal standard for cultivation, sampling, and THC testing. In 2025, state and industry challengers are already bringing new cases arguing that parts of the USDA’s rules (especially sampling and descheduling protocols) stretch beyond what Congress authorized.
- According to recent analyses, post–Loper Bright lawsuits are scrutinizing whether USDA’s complex testing and disposal rules truly reflect the statutory language of the Farm Bill.
- In ongoing litigation, courts are declining to defer to the USDA (and the DEA) regarding specific cannabinoid definitions (e.g., delta-8, delta-9 THC) unless Congress was clear in its intent.
- The roadmap for hemp businesses in 2025: Expect stricter judicial scrutiny of ambiguous agency rules and increased opportunities to challenge overly broad compliance demands.
DEA: Scheduling and Enforcement
Perhaps no federal agency interacts more controversially with the cannabis industry than the DEA. With Loper Bright, the DEA’s interpretations of the Controlled Substances Act (CSA) are under renewed friction, particularly as federal marijuana rescheduling moves forward.
- Legal commentary highlights new vulnerability for DEA rules and enforcement where the CSA’s language is tenuous or silent about specific cannabinoids (e.g., synthetic hemp-derived products or THCO).
- Litigation in 2025 is forcing courts to assess whether the DEA’s administrative actions (e.g., scheduling of novel cannabinoids) are genuinely authorized by Congress—or if they are agency overreach.
Key Point: For operators, interacting with the DEA now requires a clear line of sight to the statute. Policy guidance or interpretative letters carry much less legal weight. Licensees should meticulously track legislative history and the text of the CSA in all compliance procedures.
DOT: Drug Testing, THC, and Workplace Standards
The U.S. Department of Transportation (DOT) enforces strict workplace drug-testing standards, and the post–Chevron landscape could soon alter employers’ and employees’ rights in this field.
- While DOT maintains strict THC testing for safety-sensitive positions, the basis for these standards is now subject to judicial review under the 2024 standards. If the underlying legislative text does not specifically mention cannabinoids from legal hemp, agency enforcement actions could be successfully contested in court.
- The National Law Review and other sources note that the changing review standards may open new challenges to the scope of DOT authority in setting cut-off thresholds or sanctioning legal hemp product use in regulated workplaces.
Employer impact: Compliance officers in transportation sectors should review both DOT guidance and, importantly, the Congressional mandate for drug testing, anticipating contests over whether DOT’s current policies are truly supported by law as written.
CPSC: Packaging, Child Safety, and Labeling for Hemp and Cannabis
The Consumer Product Safety Commission (CPSC) oversees requirements for child-resistant packaging on hazardous substances—and, increasingly, on cannabis and hemp-infused edibles.
- As CannabisRegulations.ai coverage notes, many state and federal rules for hemp edible packaging now dovetail with CPSC standards.
- Loper Bright opens the door for businesses to contest CPSC enforcement where rules lack clear statutory foundation—especially as product definitions continue to evolve rapidly.
Manufacturers and distributors should ensure that packaging standards are dictated by clear statutory requirements rather than CPSC advisories alone. If child resistance is not explicitly mandated by statute for novel hemp products, enforcement actions may face successful judicial challenge.
2025 Litigation Trends: Food, Supplements, and Labeling—A Preview for Cannabis
The early months since Loper Bright already show courts closely reviewing the statutory language for each federal enforcement action, including in adjacent industries:
- In Anderson v. FDA (2025), a court sided with a CBD product manufacturer where the FDA relied on guidance rather than textual Congressional authority for labeling restrictions, citing insufficient statutory clarity.
- Federal courts have denied summary judgment to the USDA on hemp testing rules where statutory silence on specific cannabinoid types (e.g., THCO) left interpretations open; the agency’s rationale no longer receives automatic deference.
- In state-level analogues, courts have begun to review the basis for local cannabis packaging, labeling, and dosage caps, treating state agency rules as not above judicial skepticism unless statutes unambiguously confer them power.
Best Practices for Cannabis & Hemp Operators: Surviving—and Thriving—After Chevron
1. Anchor Compliance Programs in Statutory Text
- Align every major compliance area—labeling, packaging, drug testing, product claims—with the actual statutory language, and document how actions comply with both the law and Congressional intent.
- Work with compliance counsel or a regulatory SaaS (like CannabisRegulations.ai) to build internal guidance mapped to statutes, not just agency FAQs.
2. Track and Archive Agency and Congressional History
- Maintain a comprehensive archive of agency rulemakings, legislative history, and recorded Congressional debates on cannabis and hemp. Judicial challenges will increasingly look to legislative intent when the statute is ambiguous.
3. Build a Record for Judicial Review
- If facing enforcement or uncertainty, carefully create a written administrative record showing how compliance decisions aligned with statutory language. This will be your chief defense in court.
- For new products (e.g., novel cannabinoids, multi-ingredient edibles), seek legal review to confirm statutory compliance—don’t rely solely on agency policy statements.
4. Monitor Litigation and Prepare for Regulatory Disruption
- The post–Loper Bright era is here: Successful litigation can rapidly upend established rules. Regulatory strategies should be flexible to anticipate ongoing judicial reinterpretations, especially where law and science move faster than Congress.
The Road Ahead: Regulatory Uncertainty, but Also Opportunity
Loper Bright… is not merely an academic shift—it is overturning the regulatory orthodoxy across cannabis, hemp, and every adjacent industry. The end of Chevron deference means:
- Agencies are more vulnerable to legal challenge, particularly on new issues such as cannabinoid definitions, labeling of infused foods, packaging standards, and workplace testing.
- Cannabis businesses that invest early in statutory analysis and robust compliance records will gain an advantage—they will be best positioned both to withstand enforcement and to contest regulations that exceed statutory authority.
- Legal risks in product development, marketing, and operations are higher, but so too are the opportunities to shape future interpretations of federal cannabis and hemp law.
For business owners, compliance officers, and investors navigating this evolving space, staying up to date is essential. Use platforms like CannabisRegulations.ai for real-time regulatory tracking, documentation tools, and expert analysis as litigation shapes the future of cannabis and hemp compliance.
Stay vigilant. Build your records. Insist on statutory clarity—and let the new era of cannabis regulation work for you, not against you.
For the latest in cannabis compliance news and guidance tailored to the new judicial environment, turn to CannabisRegulations.ai.
