Hemp THC ban may be unenforceable

Hemp THC products will become illegal under federal law in November 2026 thanks to the spending bill President Donald Trump signed last month.

What’s still not known is which authorities will enforce the ban – or whether they’ll enforce the hemp ban at all, a new Congressional Research Service (CRS) report notes.

In fact, both the U.S. Drug Enforcement Administration and Federal Food and Drug Administration “may lack the resources” to police banned hemp, according to the CRS.

Congress moved to close the so-called “loophole” in the 2018 Farm Bill by redefining hemp under federal law.

Starting November 2026, hemp products can have no more than 0.4 milligrams of THC per container. And both THCA flower as well as synthetically derived delta-8 and delta-10 THC are banned.

Operators in the estimated $28.3 billion annual hemp sector – most of them purveyors of hemp-derived THC, such as the popular hemp beverages sold in mainstream retailers – are weighing their options ahead of the looming ban.

But enforcing hemp THC prohibition is a separate question.

Will the DEA start raiding hemp THC shops?

And as the CRS, Congress’ official nonpartisan public policy research institute, notes in a Dec. 3 “Insights” memo, there’s still no answer.

“While the change to the hemp definition will seemingly alter the legal status of many hemp products currently available on the market, it remains unclear if and how federal law enforcement will enforce the new prohibitions when the new definition goes into effect,” the memo reads in part.

“Both FDA and DEA may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market.”

The DEA has raided smoke shops vape shops, in some cases seizing THC products including edibles and vape cartridges, in states including Texas and Arkansas.

Hemp THC ban enforced like marijuana under federal law?

It could be that like the $32 billion state-regulated cannabis industry, illegal hemp could continue – either due to a lack of federal enforcement, or within state-level rules, the CRS suggested.

“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,” the CRS memo reads it part.

“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.”

FDA’s hemp THC enforcement could widen

To date, some hemp products have been targeted for enforcement and removal from the market by the FDA – but for making banned product claims or using packaging that infringes on existing copyrights that’s seen as too appealing to children.

That could continue – or, the CRS notes, the agency could take some more drastic action.

“It also remains to be seen whether FDA will pursue additional options to remove these items from the market.”

The FDA is on notice to publish a list of cannabinoids known to be produced by the cannabis plant within the next few months.