HR 5371 P.L. 119-37 — Section 781 (Hemp Redefinition)
The hemp cliff itself. Reclassifies nearly all hemp-derived beverages as marijuana under the CSA effective Nov 12, 2026 unless amended.
Primary sponsor: Rep. Tom Cole (R-OK) R
Became Public Law No: 119-37.
The FY2026 Agriculture Appropriations Act, signed by President Trump on November 12, 2025. Section 781 of Division B amends the statutory definition of hemp under 7 U.S.C. §1639o.
Effective November 12, 2026, the amended definition:
– Replaces the 0.3% delta-9 THC threshold with a 0.3% **total THC** standard (inclusive of THCA and delta-8)
– Imposes a **0.4 milligram total THC per container** ceiling on finished hemp-derived cannabinoid products
– Excludes cannabinoids not naturally produced in the plant, and synthesized cannabinoids
Industry impact estimates: ~95% of existing hemp-derived cannabinoid products removed from market, ~300,000 jobs at risk, ~$1.5B in state tax revenue.
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