The Congressional Research Service (CRS) has released a new report highlighting growing disputes over how the 2018 Farm Bill hemp definition is being interpreted at both state and federal levels. The analysis points to a complex overlap of state bans, federal court rulings, and DEA hemp interpretations that have left lawmakers, businesses, and consumers in limbo.
The report, authored by Legislative Attorney Dorothy Kafka, underscores that Congress may need to step in and clarify the law as states continue to issue conflicting rules on hemp-derived cannabinoids like delta-8 THC and THC-O.
Key Takeaways
- CRS outlines four considerations for Congress to revise the 2018 Farm Bill hemp definition in the next update.
- State bans on intoxicating hemp products are facing legal challenges under preemption and the dormant Commerce Clause.
- Federal courts have issued conflicting rulings on cannabinoids like delta-8 and THC-O.
- The DEA’s interpretation of synthetic cannabinoids clashes with circuit court opinions.
- Congress may need to clarify what counts as hemp versus marijuana under the Controlled Substances Act.
Legal Challenges to State Hemp Laws
Since the passage of the 2018 Farm Bill, more than a dozen states have banned intoxicating hemp products, while others regulate them under cannabis or consumer protection laws. Some states, like Arkansas and Virginia, have faced lawsuits arguing that these bans violate federal law or discriminate against interstate commerce.
Federal courts have largely sided with the states so far. In Arkansas, the Eighth Circuit ruled in June 2025 that states are not required to legalize hemp products, only to allow interstate shipments to pass through. Similarly, the Fourth Circuit upheld Virginia’s law redefining hemp to include all forms of THC, finding no unlawful discrimination against out-of-state businesses.
Federal Interpretations of the 2018 Farm Bill Hemp Definition
At the federal level, the DEA maintains that synthetic cannabinoids, such as lab-converted delta-8 and THC-O, remain Schedule I controlled substances. Yet, multiple circuit courts have contradicted DEA’s interpretation, ruling that these cannabinoids fall under the 2018 Farm Bill hemp definition if they are derived from cannabis and contain less than 0.3% delta-9 THC.
For example:
- The Ninth Circuit ruled in 2022 that delta-8 THC products met the hemp definition.
- The Fourth Circuit followed in 2024, holding that THC-O also qualifies as hemp.
These rulings highlight a direct conflict between judicial interpretations and DEA hemp interpretations, creating room for Congress to take legislative action.
Four Considerations for Congress
In her report, Kafka laid out four questions for Congress to address moving forward regarding the 2018 Farm Bill hemp definition:
- Should Congress revise hemp’s definition?
Lawmakers like Sen. Mitch McConnell and Sen. Rand Paul have already clashed over whether all THC, including THCA and synthetics, should be considered marijuana. - Should synthetically derived THC remain banned?
If Congress embraces the DEA’s interpretation, it will need to clearly define what “synthetic” means to avoid further disputes over synthetic cannabinoids like delta-8 and THC-O. - Should state authority be clarified?
Current law prevents states from blocking hemp transport but leaves open whether states can completely ban hemp products. Congress could expand or limit preemption to resolve pending cases in states like New Jersey and Wyoming. - Should marijuana’s CSA status be reconsidered?
With the DEA currently reviewing whether to reschedule marijuana from Schedule I to Schedule III, Congress could act directly to reschedule, or even de-schedule, the plant entirely.
Many in the cannabis industry argue that natural cannabinoids like delta-9, THCA, and CBD should remain accessible under hemp rules, while synthetics belong under tighter controls due to safety and transparency concerns.
Conclusion
The 2018 Farm Bill hemp definition has fueled a rapidly expanding and controversial market for cannabinoids that fall in a gray area of the law. As court decisions, state bans, and DEA hemp interpretations collide, pressure is mounting for Congress to step in and provide clarity.
As industry advocates often note, the intent of the 2018 Farm Bill was to open markets for farmers growing hemp. Whether lawmakers choose to redefine hemp, restrict synthetics, limit state bans, or revisit marijuana’s scheduling, the outcome will shape the future of the U.S. hemp and cannabis industries.
This article is based on publicly available legislative records, court filings, industry reports, and published research as of the publication date. Cannabis laws and regulations change frequently — verify current rules with your state’s regulatory agency.
