35 Attorneys General Urge Congress to Let New Federal Hemp Definition Take Effect

By Nicolás Rodríguez, Managing Editor

A bipartisan coalition of 35 state attorneys general and chief legal officers is urging congressional leaders to reject any effort to delay, weaken, or repeal the federal hemp definition adopted in the November 2025 appropriations bill, arguing that doing so would reopen the “Farm Bill loophole” that allowed intoxicating hemp-derived THC products to proliferate nationwide.

In a letter sent Tuesday to House Speaker Mike Johnson, Senate Majority Leader John Thune and the chairs of the House and Senate Appropriations Committees, the coalition thanked Congress for what it described as closing the loophole created by the 2018 Farm Bill and urged lawmakers to allow the new definition to take effect as enacted. The attorneys general specifically ask Congress to reject any attempt to “delay, repeal, suspend, or weaken” the new federal hemp definition.

According to the letter, delaying implementation would create renewed litigation, inconsistent enforcement, regulatory uncertainty, increased youth access to intoxicating products, and disruption for businesses that have already invested to comply with the new federal framework. The coalition argues that many states, federal agencies and regulated businesses have already aligned—or are in the process of aligning—their laws and operations with the revised federal definition.

What Changed Under the New Hemp Definition?

The attorneys general note that Congress revised the definition of hemp through the November 2025 Appropriations Act (Public Law 119-37). Under the revised framework, final hemp-derived cannabinoid products are limited to 0.4 milligrams of total THC per container, while hemp itself continues to be limited to 0.3% total THC on a dry-weight basis. Unlike the 2018 Farm Bill, the new definition also accounts for all THC isomers and similar psychoactive cannabinoids, rather than focusing solely on delta-9 THC, and excludes cannabinoids synthesized or manufactured outside the plant.

The coalition argues these changes close the regulatory loophole that allowed intoxicating hemp-derived products—including products containing delta-8 THC, delta-10 THC and similar cannabinoids—to be marketed as legal hemp despite producing marijuana-like effects. The letter notes that under the previous framework, an 8-ounce package of hemp-derived gummies could contain more than 675 milligrams of THC while remaining below the 0.3% dry-weight threshold.

States Say They’ve Already Adapted

The letter emphasizes that many states have already enacted—or begun implementing—laws consistent with the new federal definition, while numerous federal agencies have likewise adjusted their enforcement posture over the past several months. Reversing course now, the attorneys general argue, would undermine those efforts and create unnecessary legal and regulatory uncertainty for states, businesses and consumers alike.

The coalition also stresses that the revised definition is not intended to restrict legitimate industrial or agricultural hemp production, arguing instead that it restores Congress’s original intent of supporting non-intoxicating hemp while excluding products containing unnaturally high concentrations of psychoactive cannabinoids.

The letter arrives as Congress continues debating federal spending legislation that could affect the implementation timeline for the revised hemp definition, setting up another high-stakes battle over the future of the hemp-derived cannabinoid market.

As Congress, federal agencies and the states continue to reshape the regulatory framework for hemp and cannabis, staying ahead of policy developments has become a competitive advantage—not just a compliance exercise. For a deeper look at how federal policy, hemp regulation, rescheduling, banking reform and capital markets are shaping the industry’s future, join executives, investors, policymakers and legal experts at IgniteIt’s Cannabis Capital & Policy Summit on November 18 in Washington, D.C. The one-day event is designed to translate policy developments into practical business strategy for the leaders making decisions in cannabis.

Learn more and register at IgniteIt Cannabis Capital & Policy Summit