Congressional research service issues an analysis on the change to the federal definition of hemp and implications for federal enforcement
The CRS report indicates uncertainty on if and how federal law enforcement will enforce the new prohibitions when the new definitions go into effect on 11/12/26…this report adds to the growing list of states who have raised concerns and confusion about the new language and implementation expectations
“In marijuana’s case, the federal response has largely been to allow states to implement their own marijuana laws despite the fact that state-regulated activities may violate the CSA. If intoxicating hemp products persist on the market after the change to their legal status, it is possible they could be subject to the same criminal and collateral issues as marijuana. It also remains to be seen whether FDA will pursue additional options to remove these items from the market. Both FDA and DEA may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market.
Congress may choose to exercise oversight over federal enforcement priorities regarding state-regulated cannabis activities. FDA (under the FDCA) and DEA (under the CSA), in coordination with the Department of Justice, have a range of civil and criminal remedies they may use in efforts to exercise control over these activities.”
Thanks again to Lawyer Michelle Bodian on Linked In for posting the information
