CBD (Cannabidiol, hemp-derived): Federal Status (2026)

Instrument

Definitions - the federal statutory definition of hemp (Agricultural Marketing Act of 1946 sec. 297A): current operative text, followed by the complete Pub. L. 119-37 sec. 781 amendment that takes effect November 12, 2026

Source

https://uscode.house.gov/view.xhtml?req=(title:7%20section:1639o%20edition:prelim)

Retrieved

2026-07-25

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CURRENT OPERATIVE TEXT OF 7 U.S.C. 1639o, AS CODIFIED BY THE OFFICE OF THE LAW REVISION COUNSEL AND CONTAINING THOSE LAWS IN EFFECT ON JULY 24, 2026:
§1639o. Definitions
In this subchapter:
(1) Hemp
The term "hemp" 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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(2) Indian tribe
The term "Indian tribe" has the meaning given the term in section 5304 of title 25.
(3) Secretary
The term "Secretary" means the Secretary of Agriculture.
(4) State
The term "State" means-
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(5) State department of agriculture
The term "State department of agriculture" means the agency, commission, or department of a State government responsible for agriculture in the State.
(6) Tribal government
The term "Tribal government" means the governing body of an Indian tribe.

AMENDMENT MADE BY PUBLIC LAW 119-37, DIVISION B, TITLE VII, SECTION 781, NOVEMBER 12, 2025, 139 STAT. 558, EFFECTIVE NOVEMBER 12, 2026, REPRODUCED COMPLETE FROM THE ENROLLED PUBLIC LAW AS PUBLISHED BY THE GOVERNMENT PUBLISHING OFFICE:
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-- (1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and (2) by striking paragraph (1) and inserting the following: "(1) Hemp.-- "(A) In general.--The term `hemp' 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. "(B) Inclusion.--Such term includes industrial hemp. "(C) Exclusions.--Such term does not include-- "(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or "(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 "(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or "(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). "(2) Industrial hemp.--The term `industrial hemp' means hemp-- "(A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non- cannabinoid derivative, mixture, preparation, or manufacture of such a stalk; "(B) grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant; "(C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinols concentration specified in paragraph (1)(C)(i); "(D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; or "(E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D). "(3) Hemp-derived cannabinoid product.-- "(A) In general.--The term `hemp-derived cannabinoid product' means any intermediate or final product derived from hemp (other than industrial hemp), that-- "(i) contains cannabinoids in any form; and "(ii) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application. "(B) The term `intermediate hemp-derived cannabinoid product' means a hemp-derived cannabinoid product which-- "(i) is not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal; or "(ii) is a powder, liquid, tablet, oil, or other product form which is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption. "(C) The term `container' means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge. "(D) The term container excludes bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use. "(E) Exclusion.--Such term does not include a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).". (3) Within 90 days of the enactment of this act, the Food and Drug Administration, in consultation with other relevant Federal agencies, shall publish-- (A) a list of all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature; (B) a list of all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant; (C) a list of all other know cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids; and (D) additional information and specificity about the term "container", as defined in paragraph (3)(C).