The federal definition of hemp has been a moving target since the 2018 Farm Bill established the 0.3% delta-9 THC threshold that separated legal hemp from controlled cannabis. In late 2025, proposed federal legislation sought to redefine that threshold in ways that would create significant new compliance challenges for operators working across state and federal frameworks.
The Proposed Changes
The Cannabinoid Safety and Regulation Act, introduced by Senators Wyden and Merkley in December 2025, proposed establishing comprehensive federal regulations for hemp-derived cannabinoids. Among its provisions were restrictions on THC concentration thresholds that would affect how hemp and cannabis products are classified, along with mandatory third-party testing requirements, standardized packaging, and restrictions on pesticides, heavy metals, and chemical byproducts.
Why the Definition Matters So Much
For cultivators, the difference between hemp and cannabis is not just botanical — it is the difference between operating under state cannabis licensing frameworks and being subject to federal agricultural law. Products that fall on the wrong side of a THC threshold face dramatically different regulatory treatment, including potential federal enforcement action.
The proposed redefinition created anxiety among cultivators who had built their operations around the existing 0.3% threshold and were uncertain whether their genetics, production methods, and market channels would remain viable under a revised federal standard.
The Compliance Implications
Mandatory third-party testing with federal oversight would represent a significant escalation from the current patchwork of state testing requirements. Cultivators who have invested in robust internal quality assurance systems are better positioned to adapt to any federal testing mandate than those who have relied on minimal state compliance requirements.
The broader lesson for cannabis cultivators is that regulatory frameworks are not static. Building compliance infrastructure that exceeds current minimum requirements is the best hedge against a future in which those minimums are raised.
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