Glossary
Section 781 (P.L. 119-37)
Updated:
Section 781 of Public Law 119-37, enacted November 12, 2025, rewrote the federal hemp definition. It counts total THC including THCa, excludes cannabinoids made outside the plant or not naturally produced by it, caps finished products at 0.4 mg THC per innermost container, and took effect 365 days after enactment, subject to a partial delay.
Section 781 sits in Division B of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, which became Public Law 119-37 on November 12, 2025 (P.L. 119-37). It amends section 297A of the Agricultural Marketing Act of 1946, codified at 7 U.S.C. 1639o.
The amended definition does 4 things. It measures hemp by total tetrahydrocannabinols, including tetrahydrocannabinolic acid, at not more than 0.3 percent dry weight. It excludes cannabinoids synthesized or manufactured outside the plant and cannabinoids not capable of being naturally produced by a Cannabis sativa L. plant. It excludes final hemp-derived cannabinoid products with more than 0.4 milligrams combined total THC and similar cannabinoids per container, where container means the innermost wrapping in direct contact with the product. And it excludes intermediate products marketed or sold as final products (7 U.S.C. 1639o).
The section directed FDA to publish lists of naturally produced cannabinoids within 90 days and to clarify the term container. It took effect 365 days after enactment, which is November 12, 2026.
Section 2019 of Public Law 119-103 then limited the amendments, until December 11, 2026, to products in the clauses covering cannabinoids the plant cannot naturally produce (P.L. 119-103). So the non-natural exclusion applies November 12, 2026, and the rest applies December 11, 2026.
Sources
- Public Law 119-37, section 781 (hemp definition amendments) GovInfo (accessed 2026-10-13)
- 7 U.S.C. 1639o, Definitions (hemp) Cornell Legal Information Institute (accessed 2026-10-13)
- Public Law 119-103, Continuing Appropriations and Extensions Act, 2027, section 2019 GovInfo (accessed 2026-10-13)