A newly revised federal definition of hemp, quietly tucked into the massive deal to reopen the government, has sent shockwaves across the country. Many business owners and consumers fear that a near-total ban on hemp products, including popular THC drinks and CBD gummies, could eliminate these goods from the market. However, a new Congressional report indicates that federal agencies may struggle to put the genie back in the bottle.
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Unless lawmakers pass new legislation, the majority of hemp products currently available in the U.S. will become illegal in November 2026. The Congressional Research Service (CRS) analysis states that the government has no plan to remove the products from the market or to prosecute individuals who continue to sell them once the law takes effect.
“It remains unclear if and how federal law enforcement will enforce the new prohibitions when the new definition goes into effect,” the report reads. “It also remains to be seen whether [the Food and Drug Administration] FDA will pursue additional options to remove these items from the market.”
The government agencies likely tasked with overseeing the implementation of the hemp ban are already stretched thin. This could mean that illegal products remain on store shelves, or that federal agencies adopt a largely hands-off approach.
“Both FDA and DEA may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market,” the report says.
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The analysis also points to hemp’s cousin, cannabis, noting that the current “federal response has largely been to allow states to implement their own laws,” despite the plant remaining a Schedule I substance.
This could mean that it will be up to states to decide how, if at all, they want to handle hemp. In states like Minnesota, so-called “low-dose” hemp-derived drinks and edibles are regulated in the same system as cannabis. These products are sold in liquor stores, bars, and restaurants, while cannabis products remain limited to dispensaries.
It’s a model other states may consider. However, this type of policy doesn’t account for the fact that many hemp companies have thrived by shipping directly to customers across state lines. This business model would technically become illegal under the new federal hemp policy.
If the CRS report is any indication, it remains unclear whether federal authorities will prosecute those who violate the new policy.
