Definition of hemp

(a) In general Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended— (1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and (2) by striking paragraph (1) and inserting the following: (1) Hemp (A) In general The term hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all naturally occurring derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinol acid) of not more than 1 percent on a dry weight basis. (B) Inclusion Such term includes industrial hemp. (C) Exclusions Such term does not include— (i) any viable seed from a Cannabis sativa L. plant where the seed exceeds a total tetrahydrocannabinol concentration (including tetrahydrocannabinol acid) of more than 1 percent on a dry weight basis; (ii) any intermediate hemp-derived cannabinoid product containing— (I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; or (II) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and— (aa) are produced, manufactured, or converted using chemical synthesis, hydrogenation, acetylation, alkylation, or any other artificial process that adds to, removes from, or otherwise alters the molecular structure of a cannabinoid so that it contains one or more functional groups or substituents that are not present in any naturally occurring cannabinoid constituent of Cannabis sativa L., including— (AA) hexahydrocannabinol (HHC); (BB) tetrahydrocannabinol acetate (THC–O–acetate); (CC) tetrahydrocannabiphorol (THCP); and (DD) any other artificially modified analog or homologue of a naturally occurring cannabinoid, as determined by the Secretary in consultation with the Secretary of Health and Human Services; or (bb) are produced, manufactured, or converted using any solvent, extraction method, or other means of production determined by the Secretary, in consultation with the Secretary of Health and Human Services, to pose a risk to the public health; (iii) any intermediate hemp-derived cannabinoid product marketed or sold as a final product or directly to an end consumer for personal or household use; and (iv) any final hemp-derived cannabinoid products containing— (I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; or (II) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and— (aa) are produced, manufactured, or converted using chemical synthesis, hydrogenation, acetylation, alkylation, or any other artificial process that adds to, removes from, or otherwise alters the molecular structure of a cannabinoid so that it contains one or more functional groups or substituents that are not present in any naturally occurring cannabinoid constituent of Cannabis sativa L., including— (AA) hexahydrocannabinol (HHC); (BB) tetrahydrocannabinol acetate (THC–O–acetate); (CC) tetrahydrocannabiphorol (THCP); and (DD) any other artificially modified analog or homologue of a naturally occurring cannabinoid, as determined by the Secretary, in consultation with the Secretary of Health and Human Services; or (bb) are produced or manufactured using any solvent, extraction method, or other means of production determined by the Secretary, in consultation with the Secretary of Health and Human Services, to pose a risk to the public health. (2) Industrial hemp The term industrial hemp means hemp— (A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of such a stalk; (B) grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant; (C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol concentration specified in paragraph (1)(C)(i); (D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; (E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D); or (F) grown for the use of the whole plant, or any part thereof, for the extraction, production, or manufacture of any non-intoxicating non-cannabinoid essential oil, aromatic compound, terpene, or other non-intoxicating non-cannabinoid volatile organic compound derived from such plant. (3) Unfinished hemp-cannabinoid ingredient The term unfinished hemp-cannabinoid ingredient means an oil, extract, concentrate, distillate, or other intermediate substance that— (A) that meets the criteria specified in paragraph (1) to be considered hemp, except that such ingredient may contain concentrations of total tetrayhdrocannabinol exceeding 1 percent during processing, provided that the material— (i) remains exclusively with actors or entities licensed or otherwise lawfully permitted to manufacture, transport, or store the material under the Lawful Hemp Protection Act; and (ii) is not offered for retail sale; (B) is not for consumer use; (C) is not a finished hemp product; and (D) is produced solely for incorporation into a finished cannabinoid product through further processing.. (b) Conforming repeal Section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (division B of Public Law 119–37) is repealed.