Report: Hemp THC ban may be unenforceable

OG article by MJBizDaily StaffMJBizDaily Staff

December 8, 2025

A Congressional Research Service report suggests the FDA and DEA may lack resources to enforce the federal hemp THC ban effective November 2026, signed by President Trump. The ban redefines hemp to exclude intoxicating products like delta-8, delta-10, THCA flower, and synthetics, impacting the $28.3 billion sector including beverages at retailers like Target. Similar to marijuana, federal response might defer to states despite CSA violations. Some states, like Ohio, are abandoning regulations to comply, while others like Florida and Illinois push bans. Enforcement uncertainties persist; DEA has raided shops in Texas and Arkansas, but broad policing is doubtful. The ban closes the 2018 Farm Bill loophole, affecting small businesses and MSOs like Curaleaf. Critics argue it boosts illicit markets in restrictive states. Advocacy groups seek regulatory frameworks over prohibitions. The report notes potential for states to ignore the ban, akin to cannabis tolerance. Hemp operators weigh options amid stock slides for marijuana firms. This development highlights federal-state tensions in cannabinoid policy, potentially mirroring marijuana's uneven enforcement. Questions remain on who enforces and how, with a year for adjustments. The outcome could reshape the industry, favoring regulated cannabis.