FEDERAL HEMP LAW · EXPLAINER

The new federal hemp definition: what changes on December 11, 2026

Updated November 14, 2026 · Industrial hemp focus · Not legal advice

Key dates

December 11, 2026 is also when the stopgap funding in Public Law 119-103 expires. Congress could change these dates again in its next funding bill. Check back before relying on them.

What the new definition says

• Total THC. Hemp must contain no more than 0.3% total THC, including THCA, on a dry weight basis. The 2018 Farm Bill standard counted delta-9 THC only.
• Industrial hemp is named and protected. The definition expressly includes hemp grown for stalk, fiber, whole grain, oil, cake, nut, hull or other non-cannabinoid seed derivatives, immature plants such as microgreens, and research that does not enter commerce.
• Seed exclusion. Viable seeds from a plant above 0.3% total THC (including THCA) are not hemp.
• Cannabinoid product limits. Synthesized cannabinoids, intermediate products above 0.3% total THC, and finished consumer cannabinoid products with more than 0.4 milligrams of total THC per container fall outside the definition. HempHQ doesn’t cover the cannabinoid consumer market, but these limits are why the law got so much attention.

What it means for fiber and grain growers

You are still growing hemp. The industrial hemp category was written with fiber and grain in mind. You still need a license from your state, tribal or USDA program, and the crop must still pass pre-harvest compliance testing.

Testing. USDA’s producer rules in 7 CFR Part 990 already require compliance tests to report total THC, accounting for THCA, so many growers under USDA-approved plans won’t see a new lab method. State programs can differ. Confirm with your regulator how it will test and report results after December 11.

Seed. Use certified or documented low-THC varieties, and keep the paperwork. The new seed exclusion makes seed provenance more important.

State rules. States may update their own hemp definitions, plans and forms to match. Check your state guide and your regulator’s 2027 application materials.

What it means for buyers of fiber, hurd and grain

Fiber, hurd and grain ingredients are within the industrial hemp category. Ask suppliers for the crop year, the grower’s license or program, and compliance test results for the lot’s source fields. For food ingredients, keep asking for the usual specifications and food-safety documents. See our hemp grain buyer’s guide.

What is still unsettled

• FDA lists. The law directed FDA to publish lists of naturally occurring cannabinoids and related information within 90 days. The Congressional Research Service reported in August 2026 that FDA had not published them.
• Pending bills. Bills in Congress would delay the definition by two more years, repeal it, or set different THC limits. The House-passed farm bill (H.R. 7567) would also have state and federal plans formally distinguish industrial hemp producers and adjust their testing.
• Agency guidance. USDA and state regulators may issue implementation guidance. HempHQ tracks these on the federal updates page.