Congress banned most hemp-derived products, but a new CRS report says federal agencies may not have the resources or a clear plan to enforce it.
CRS notes that DOJ already takes a hands-off approach to marijuana enforcement and could treat hemp-derived products the same way.
States are preparing to regulate on their own terms, creating a national patchwork before the ban takes effect in November 2026.
A new analysis from the Congressional Research Service says the federal government may not have the capacity or clarity to enforce the hemp ban that takes effect in November 2026. The memo, published December 3, unpacks the legal consequences of Congress redefining hemp during the shutdown fight and raises a question that no one in Washington has fully answered: What happens when a prohibition is written into law but the infrastructure to carry it out does not exist?
CRS notes that the Department of Justice currently maintains “a hands-off approach” to enforcing marijuana’s Schedule I status and that federal agencies “may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market.” In other words, Congress changed the definition of hemp. The agencies responsible for policing that change may not be equipped to handle it.
Earlier coverage from High Times broke down how the shutdown agreement reinstated federal control over most hemp-derived products and set a one-year countdown to a new total THC cap and a ban on synthetic or converted cannabinoids. That report examined the language, the political fight behind it and the questions raised by the 365-day window before enforcement begins. In a follow-up piece, High Times documented how states are already preparing to handle the new federal definition on their own terms.
The CRS memo now adds the federal perspective.
A New Definition With Old Problems
The shutdown deal …
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Author: Javier Hasse / High Times
