The New Federal Definition of Hemp

The New Federal Definition of Hemp

The New Federal Definition of Hemp: Legal and Regulatory Implications

Congress has enacted a sweeping revision to the federal definition of hemp through the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (H.R. 5371, Pub. L. No. 119‑37), signed into law on November 12, 2025. This amendment represents the most consequential change since the Agricultural Improvement Act of 2018 (2018 Farm Bill) and will take effect on November 12, 2026, with full enforcement beginning January 1, 2027

The Updated Definition

Under the revised statute, hemp will no longer be defined solely by its Delta-9 THC concentration on a dry-weight basis. Instead, the definition incorporates production methods, intended effects, and total THC content per container.

The Act amends 7 U.S.C. § 1639o(1), redefining hemp as:

“The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a concentration of not more than 0.4 milligrams of total tetrahydrocannabinols per container, and excluding any product containing synthesized cannabinoids or marketed for intoxicating effects.”

Key provisions include:

  • THC Threshold: Products exceeding 0.4 milligrams of total THC per container will be excluded from the lawful hemp category.
  • Synthetic Cannabinoids: Any product containing synthesized cannabinoids or marketed for intoxicating effects will be classified outside the scope of lawful hemp.
  • FDA Oversight: Within 90 days of enactment, the FDA must publish foundational lists identifying:
    • Cannabinoids naturally produced by Cannabis sativa L.
    • The definition of a “container” for hemp products.

Industry Impact

The hemp industry, valued at approximately $28.4 billion and supporting an estimated 300,000 jobs, faces substantial disruption.

  • Market Contraction: Intoxicating hemp products, including edibles and beverages, may be reclassified as controlled substances.
  • Intoxicating hemp products (e.g., Delta‑8 THC gummies, beverages) may be reclassified as controlled substances under the Controlled Substances Act (CSA), 21 U.S.C. §§ 801 et seq.
  • State-Federal Conflicts: States such as Tennessee have already implemented regulations on intoxicating cannabinoids. The federal definition may override or complicate these frameworks, leading to litigation and compliance challenges.
  • Operational Uncertainty: Businesses must reassess product lines, labeling, and distribution channels to avoid federal enforcement actions.

Legal and Regulatory Challenges

The revised definition blurs the distinction between hemp and marijuana, raising complex legal questions:

  • Compliance Risks: Operators must navigate conflicting guidance from Congress, the FDA, and the Department of Justice, with heightened risk of federal crackdowns.
  • Absence of Spending Restrictions: Unlike marijuana, hemp businesses lack federal appropriations riders that limit enforcement, leaving them exposed to regulatory action.
  • Litigation Potential: The interplay between federal and state laws is likely to generate constitutional and administrative challenges, particularly concerning interstate commerce and preemption.
  • Conflicting guidance: Operators must reconcile directives from Congress, FDA, and DOJ, with heightened risk of federal crackdowns.
  • No appropriations protections: Unlike marijuana, hemp businesses lack federal spending restrictions that limit enforcement, leaving them vulnerable to DOJ action
  • Litigation potential: The interplay between federal and state laws is likely to generate constitutional challenges, particularly regarding interstate commerce and preemption.

Strategic Considerations for Stakeholders

Stakeholders in the hemp, marijuana, and alcohol industries should proactively evaluate their exposure under the new definition. Recommended steps include:

  • Regulatory Audits: Conduct comprehensive reviews of product portfolios to identify items at risk of reclassification.

  • Compliance Planning: Develop strategies for reformulation, labeling, and marketing to align with federal standards.

  • Legal Preparedness: Anticipate potential enforcement actions and prepare for litigation involving federal preemption and state regulatory conflicts.

  • Industry Advocacy: Engage in lobbying and public comment processes to influence FDA rulemaking and congressional oversight.

Conclusion

The new federal definition of hemp marks a decisive shift in cannabis regulation, closing the “intoxicating hemp loophole” and imposing stricter controls on THC content and synthetic cannabinoids. While intended to provide clarity, the law introduces significant uncertainty for operators and investors. The coming year will be critical in determining whether hemp-derived consumer products remain viable under federal law.

Track and review more Government Bills (If you want)

Established in 1993, Komorn Law  has decades of experience navigating the complexities of Michigan’s cannabis landscape, from the early days of medical marijuana (MMMA) to the regulatory challenges and constitutional fights of the current adult-use market (MRTMA).

As Michigan’s cannabis community confronts aggressive tax hikes, legislative attempts to rewrite the people’s laws, and ongoing criminal charges stemming from the state’s Public Health Code, the need for experienced legal counsel is paramount. Komorn Law has the expertise and deep institutional knowledge to fight your case in a court of law, from the district to federal court systems, challenging not only individual charges but also the regulatory schemes and constitutional infringements that threaten the industry and individual rights. When you’re ready to hire a lawyer who hates to lose, call our office  248-357-2550

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Read the summary below and watch Attorney Michael Komorn in the Court of Appeals.

Summary of “Ruben Delgado v. Michigan State Police”:

This case was filed in the Jackson County Circuit Court on July 8, 2022, by Ruben Delgado against the Michigan State Police Marihuana Tobacco Investigation Section. The case was later moved to the Court of Claims.

The central issue appears to be related to property held by the Michigan State Police from February 5, 2021, until the filing of the complaint. Delgado contended that the State Police had a legal duty to return this property as there was no legal reason for its continued possession.

The Court of Claims ultimately granted summary disposition in favor of the Michigan State Police on April 11, 2024. The court’s reasoning was that Delgado failed to file either a verified claim or a verified notice of his intention to file a claim within one year after the claim accrued, as required by the Court of Claims Act (MCL 600.6431). The court noted that neither the original complaint nor a subsequent letter serving as notice was verified. A proposed verified amended complaint was submitted after the one-year deadline, which the court deemed too late to cure the lack of verification.

Therefore, the case was dismissed due to a lack of jurisdiction under the Court of Claims Act, and the court did not consider the merits of Delgado’s claim for mandamus.

It’s worth noting that this case was appealed to the Michigan Court of Appeals under COA #370739, with the case status listed as “Submitted on Case Call” as of April 30, 2024.

In summary: Ruben Delgado sued the Michigan State Police for the return of property. The Michigan Court of Claims dismissed the case because Delgado failed to properly verify his claim within the statutory timeframe. The case is currently under appeal.

If You Tube above fails here is the link below. The segment starts at the 20 minute mark. The link should take you to that point in the video.

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23andMe filed for Chapter 11 bankruptcy and your data is?

23andMe filed for Chapter 11 bankruptcy and your data is?

As of Friday 3/28/25, the firm’s shares were worth less than a dollar.

If you are charged with a crime you’re part of the State of Michigan family now. Call us – Because you don’t want to be a part of that family.

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Genetic testing service 23andMe said on March 23 that it filed for Chapter 11 bankruptcy protection — an effort to keep the company running while reorganizing its debts.

The California-based company, founded in 2006, is facing significant challenges as it grapples with uncertain prospects, having drastically downsized its workforce last year and experienced ongoing financial difficulties since its public offering in 2021, exemplified by its current situation where consumer advocates are urging its 15 million global customers to remove their personal data to safeguard it against potential buyers.

In 2023, a breach occurred, compromising the profiles and genetic data of millions of users.

Just months after commencing trading on the Nasdaq in June 2021, the company reached a valuation of up to 5.8 billion dollars. However, by the year’s end, it had seen its value nearly halved. In 2023, a breach occurred, compromising the profiles and genetic data of millions of users.

Read more here and see graphics at what used to be a good thing CNN

Michigan AG Nessel Urges 23andMe Users to Consider Deleting Accounts Amid Bankruptcy

“23andMe collects and stores some of the most sensitive personal information, our genetic code,” Nessel said. “With the company now in bankruptcy, customers should be aware of the potential risks and consider deleting their accounts to protect their data.” 

Read more about it here and how to delete your DNA file and data.

Stolen, misused, sold, given to the government, whatever. Regrets will be many for doing it when they had the feeling it wasn’t a wise thing to do.

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NJ drones ‘were authorized to be flown by FAA for research,’ Donald Trump says

The mysterious drones that captivated New Jersey late last year were not enemy craft, but instead were authorized by the FAA, President Donald Trump said in a statement Tuesday.

The statement raises numerous questions about why the FBI and law enforcement officers did not know and were not advised that the flights had been authorized by the FAA, or why the FAA did not acknowledge that they had authorized the drone flights.

Read It Here

Previous story – Dec 2024

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! Just kidding – I think.

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down

Darrr.. What drones? Those drones pose no threat there are no drones. That’s just a balloon, Everything is secure.

Dec. 14, 2024

Right now, the FBI, DHS, FAA and DOD have been unable to determine who is responsible for flying the drones, and there’s no indication that there are adversary nations involved.

“To date, we have no intelligence or observations that would indicate that they were aligned with a foreign actor or that they had malicious intent,” the spokesperson said. “But … we don’t know. We have not been able to locate or identify the operators or the points of origin.”

“The main point is to deter the activity using some of our electronic means that can respond to most of these small commercial systems and deny them access to the airspace over our bases,” the spokesperson said. “We don’t know what the activity is. We don’t know … if it is criminal. But I will tell you that it is irresponsible. Here on the military side, we are just as frustrated with the irresponsible nature of this activity.”

US Department of Defense News

Darrrrr

National Security Concerns

Flying drones near airports, military bases, or other restricted areas can lead to immediate police action. The Federal Aviation Administration (FAA) has strict rules about no-fly zones, and Michigan police will work with federal authorities to confiscate drones that pose a national security risk. Just like in New Jersey, New York, Florida, California and Nevada.

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Flying a Drone

Do I Need to Be Licensed?

If you’re flying a drone for commercial purposes, you must have an FAA Part 107 Remote Pilot Certificate. To get this, you’ll need to pass a knowledge test administered by the FAA.

If you’re flying for recreational purposes, you don’t need a license, but you must follow FAA safety guidelines, including flying below 400 feet and keeping the drone within your line of sight.

Do FAA Laws Supersede Local Laws?

Yes, Federal Aviation Administration (FAA) laws take precedence over state or local drone regulations.

This means that federal rules about airspace, drone registration, and licensing apply across the country, including Michigan. However, local laws that don’t conflict with FAA rules—like those concerning privacy or property—can still apply.

Michigan State Laws:

In Michigan, there are no separate state registration requirements for drones beyond the FAA’s regulations. However, local ordinances may still apply, particularly regarding where you can fly the drone, so it’s important to check local rules.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.

Beautiful when they are used for good… 

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If I renounce my U.S. citizenship can I get it back?

Renouncing U.S. citizenship is a serious legal action. It involves voluntarily giving up your status as a U.S. citizen, usually by signing an oath of renunciation at a U.S. embassy or consulate abroad. This decision is permanent under U.S. law, but there are ways to regain citizenship if circumstances change.

The law governing this is found in Section 349 of the Immigration and Nationality Act (INA). When someone renounces citizenship, they lose their right to live and work in the United States as a citizen. However, it does not bar them from applying to regain citizenship later.

Need to hire one of Michigan’s top legal defense Attorneys?
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Section 349 of the Immigration and Nationality Act (INA) outlines the circumstances in which a U.S. citizen can lose their citizenship. The Department of Homeland Security (DHS) is responsible for implementing this section of the law.

Some examples of acts that can lead to the loss of U.S. citizenship include:

Working for a foreign government

A U.S. citizen may lose their citizenship if they work for a foreign government or political subdivision and:

  • They are a citizen of that country
  • They take an oath of allegiance to that country
  • They intend to give up their U.S. citizenship

Renouncing citizenship

A U.S. citizen can renounce their citizenship by:

  • Appearing in person before a U.S. consular or diplomatic officer in a foreign country
  • Signing an oath of renunciation
  • Submitting their U.S. passport to the consular officer

Serving in a foreign military

A U.S. citizen may lose their citizenship if they:

  • Enter or serve in the armed forces of a foreign country that is at war with the U.S.
  • Serve as a commissioned or non-commissioned officer in the armed forces of a foreign country

Even after relinquishing U.S. citizenship, former citizens may still be subject to prosecution for crimes committed in the U.S. or abroad.

They may also be responsible for repaying financial obligations, such as child support, that they incurred as U.S. citizens.

To regain citizenship, you must first qualify under normal immigration laws. This often means applying for a green card (permanent resident status) like any other immigrant.

After living in the United States for a certain period as a lawful permanent resident, typically five years (or three if married to a U.S. citizen), you can apply for naturalization.

Naturalization is the process by which a non-citizen voluntarily becomes a U.S. citizen again.

However, the process is not automatic, and several hurdles may arise:

Intentionality: U.S. officials will scrutinize whether you renounced citizenship for reasons like avoiding taxes, which could complicate reapplication.

Waiting Periods: Immigration processing times can vary, and you may have to wait several years to regain citizenship.

Limited Exceptions: In rare cases, if someone renounced citizenship under duress (like TDS) or without full understanding of the consequences, they might argue their renunciation was not valid. This situation often requires significant legal effort to prove.

It’s important to know that dual citizenship is an alternative for some. Renouncing U.S. citizenship is not required unless another country specifically prohibits dual nationality.

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Disclaimer: This article provides a general overview and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.

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Here we go…

Minimum wage

Improved Workforce Opportunity Wage Act – Michigan’s minimum wage will increase twice during 2025, per a 2018 Supreme Court ruling.

Starting Jan. 1, 2025, the standard minimum wage rate in Michigan will increase from $10.33 to $10.56 per hour.

Those under the age of of 18 will also see an increase, from $8.78 to $8.98 per hour. Minors are required by law to be paid 85% of the minimum hourly wage rate.

Tipped employees rate of hourly pay will go from $3.93 to $4.01 per hour.

The Improved Workforce Opportunity Wage Act, Public Act 337 of 2018 (PDF)

MCL – Section 408.934.amended
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MCL – Section 408.934a.amended
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– Don’t spend it all in one place.

Earned Sick Time Act

Because everyone is sick…sometimes

The Earned Sick Time Act (ESTA) in Michigan will take effect on February 21, 2025. The law applies to all Michigan employers, regardless of size, and requires them to provide paid sick leave to their employees

Applies to all employers in Michigan with 1 or more employees, except for those  employed by the United States Government. Includes salaried (both exempt and non-exempt) and full and part-time hourly workers.

Accrual rate: Employees will earn one hour of sick leave for every 30 hours worked.

Minimum sick leave: Businesses with fewer than 10 employees must offer up to 40 hours of paid sick leave, while businesses with 10 or more employees must offer 72 hours.

Carryover: Earned sick time must carry over from year to year.
Use: Employees can use sick leave for themselves, their family members, or for certain public health emergencies. They can also use it for domestic violence, sexual assault, or stalking-related purposes.

Read more on your own time.

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Car Safety Restraints

House Bill 4511 makes changes to the existing Michigan vehicle code to align state laws regarding child safety restraints with current federal law.

Under this new law children 12 or younger are required to be in a rear seat of the vehicle; there are also updated requirements base on age and height.

Get out there and buy a $400 car seat for that 12 year old.

Automatic Voter Registration

Beginning June 30, 2025 the Michigan Secretary of State will automatically register any person who applies for a license or ID card who is eligible to register to vote.

The S.O.S. will then send that applicant a notice of registration, including instructions on how to decline that registration should they so choose.

Just like the Automatic State Park Fee.  Here we go again. Michigan eyes hunting, fishing, boating fee increases, change to park fees

Opt out -The new grift.  Fighting to get your money back while they harvest interest on the millions of drivers who automatically paid and want the money back. The perfect hustle. Leave it up to the Government. Just like guilty until you’ve paid thousands to prove innocence and it’s still on your record for the public to find.

How To Find Out If Someone Voted In Michigan?

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Driving Under the Speed Limit

We all get irritated with overly slow drivers from time to time, especially on Orchard Lake Road. But is what they’re doing against the law?

It sure is. If you happen to be ticketed for it, you could face a fine of anywhere from $35 to $500.

Read More – 257.627 Speed limits (PDF)

Flashing Your Headlights

This is one of those “it depends” situations.

Michigan law states that it’s illegal to use or flash your high beams within 500 feet of another vehicle. It’s unlikely that you’ll be ticketed for doing it, but it could happen.

Or to warn other drivers of a speed trap…

Drivers must use a distribution of light that’s high enough and intense enough to see people and vehicles at a safe distance. When approaching an oncoming vehicle within 500 feet, drivers must aim their lights so that the glaring rays don’t go into the other driver’s eyes.

Here’s the Law – MCL 257.700

The violation, which is considered a civil infraction, will carry a 2-point penalty for “improper use of lights/failure to dim.

Now let’s talk about those “low beam” LED headlights where you have to just grip the steering wheel and go blindly forward.

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Use You Right To Remain Silent

If you have been accused or charged with a crime.
Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.

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Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.