Congressional researchers are noting that the Food and Drug Administration (FDA) has missed a legal deadline to publish a list of known cannabinoids as federal hemp laws are set to change later this year in a way that stakeholders argue will upend the existing market.
As part of appropriations legislation that President Donald Trump signed last year, many hemp products that were legalized during his first term in office under the 2018 Farm Bill will be prohibited once again starting in November. The spending measure included separate provisions, however, directing FDA and other relevant agencies to study the cannabinoid marketplace and develop lists of cannabis components.
After the bill was signed, FDA was given 90 days to publish 1) a list of “all cannabinoids known to FDA to be capable of being naturally produced” by cannabis 2) a list of “all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant” and 3) a list of “all other know cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids.”
Further, the agency was tasked with providing “additional information and specificity about the term ‘container’” with respect to hemp product THC serving sizes. In the bill, the term is defined as “the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.”
The lists and information was due months ago, on February 10, but FDA did not follow through by the deadline—and still hasn’t published the required information.
Now, the Congressional Research Service (CRS) is noting in a report published late last month that the law “requires FDA to consult with relevant federal agencies and publish [the guidance] within 90 days of enactment (which, as of May 2026, has not been published).”
Marijuana Moment sent several requests to FDA for an update on its plans to publish the required guidance and any reaction to CRS’s report, but representatives did not reply.
A spokesperson for the U.S. Department of Health and Human Services (HHS), of which FDA is a component, told Marijuana Moment earlier this year that it was the agency’s intention to provide the lists in time and that they would be published in the Federal Register. However, that’s yet to materialize—and officials did not provide clarification when asked for an update.
Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill that Trump signed during his first term in office. But late last year, the president signed new spending legislation containing provisions that will redefine hemp to make it so only products with 0.4 milligrams of total THC per container will remain legal after November 12.
Lawmakers from both parties have filed several bills and amendments to delay, alter or cancel the planned recriminalization of hemp THC products, but none of those proposals have gained traction with congressional leadership.
The new CRS report, meanwhile, said that as the U.S. Department of Agriculture (USDA) reworks hemp regulations in line with the new definition of legal products, “Congress may consider the potential effects on farmers, law enforcement, and consumers.”
“For example, Congress may conduct oversight of USDA implementation of the definitional changes in the department’s Domestic Hemp Production Program and the impact of the definitional changes on hemp producers,” it says.
The White House this month issued a statement saying the Trump administration wants Congress to take action to amend the law in order to keep hemp-derived full-spectrum CBD products legal.
In April, the president himself urged congressional lawmakers to again redefine hemp to avoid recriminalization of full-spectrum CBD products.
“I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks,” Trump said in a Truth Social post on the same day his administration announced it is moving forward with rescheduling marijuana.
“We must get this done RIGHT and FAST, especially for those who saw that CBD helps them,” he said. “Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for.”
Photo courtesy of Kimzy Nanney.
