Definition of hemp under USDA domestic hemp production program

(a) In general Section 297A(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o(1)) is amended— (1) by striking The term and inserting the following: (A) In general The term; and (2) in subparagraph (A) (as so designated), by striking with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. and inserting the following: “and any products made or derived from such plant or parts, with a total tetrahydrocannabinol equivalent concentration of not more than the allowable tetrahydrocannabinol equivalent amount described in subparagraph (C). (B) Total tetrahydrocannabinol equivalent (i) In general Subject to clause (ii), in subparagraph (A), the term total tetrahydrocannabinol equivalent means— (I) any tetrahydrocannabinol, including— (aa) delta-8 tetrahydrocannabinol; (bb) delta-9 tetrahydrocannabinol; (cc) delta-10 tetrahydrocannabinol; and (dd) tetrahydrocannabinolic acid; and (II) any other substance described in paragraph (tt)(1)(A) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) that has similar effects on the body as a substance described in item (aa), (bb), or (cc) of subclause (I), including through interaction with other substances in the applicable product. (ii) Exclusion of isomers The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Attorney General, may exclude 1 or more isomers of tetrahydrocannabinol from the definition under clause (i). (C) Allowable tetrahydrocannabinol equivalent amount (i) In general Subject to clause (ii), the allowable tetrahydrocannabinol equivalent amount referred to in subparagraph (A) is— (I) except as provided in subclause (II), 1 milligram of total tetrahydrocannabinol per 100 grams on a dry weight basis (or a proportionate amount of any fraction thereof); and (II) in the case of any specified plant product described in clause (iii), 0.7 percent total tetrahydrocannabinol equivalent on a dry weight basis. (ii) Modification; determination with respect to tetrahydrocannabinolic acid For purposes of clause (i), under regulations promulgated by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Attorney General— (I) the Secretary may modify the allowable tetrahydrocannabinol equivalent amounts described in clause (i) if the Secretary determines that the effects on the body of such substance or interaction of substances differ significantly from the effects on the body of delta-9 tetrahydrocannabinol; and (II) rules similar to the rules relating to the determination of Total THC in section 990.1 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Cannabis Administration and Opportunity Act), shall apply in calculating the ratio of tetrahydrocannabinolic acid described in subparagraph (B)(i)(I)(dd) taken into account for purposes of determining the allowable tetrahydrocannabinol equivalent amount. (iii) Specified plant product A specified plant product referred to in clause (i)(II) is any item described in paragraph (tt)(1)(A) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) that does not contain any item described in that paragraph that has been processed, extracted, or concentrated (other than harvesting, drying, curing, or trimming).. (b) Technical amendments Section 781 of division B of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (Public Law 119–37; 139 Stat. 558), is amended— (1) by striking Effective in the matter preceding paragraph (1) and all that follows through Within 90 days of the enactment of this act in paragraph (3) and inserting Not later than 90 days after the date of enactment of this Act; (2) by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), respectively, and indenting appropriately; and (3) in paragraph (4) (as so redesignated), by striking paragraph (3)(C) and inserting paragraph (3)(C) of section 297A of the Agricultural Marketing Act of 1946, as amended by this section (as in effect on the day before the date of enactment of the Cannabis Administration and Opportunity Act) on the date that is 365 days after the date of enactment of this Act.