A new federal spending bill has introduced changes to the definition and regulation of hemp in the United States, prompting clarification from the Oregon Department of Agriculture (ODA) about how these updates will affect Oregon’s hemp industry.
Most of the federal changes are set to take effect in November 2026. Until then, Oregon’s hemp program will continue under existing state laws and rules, including its current method for calculating total THC content.
The updated federal law defines hemp as cannabis containing no more than 0.3% total THC on a dry-weight basis. Unlike Oregon’s approach, which uses a specific formula—(delta-9-THCA × 0.877) + delta-9-THC—to account for THCA conversion when heated, the federal bill does not specify whether a similar calculation or a direct sum of laboratory values should be used. This could lead to differences between state and federal definitions depending on future agency guidance.
The new legislation also excludes synthetic or chemically altered cannabinoids from being classified as “hemp-derived,” requiring that only naturally occurring cannabinoids in the plant qualify under this term.
For the first time at the national level, there is now a limit for THC content per container: hemp product containers may not exceed 0.4mg total THC on a dry-weight basis. The bill introduces an official definition of “container,” with further details expected from the US Food and Drug Administration (FDA).
Additionally, distinctions have been made between intermediate hemp-derived products and final cannabinoid products—a separation that has not previously existed in federal law and may require adjustments in Oregon statutes or regulations moving forward.
Within 90 days, the FDA is required to publish lists specifying cannabinoids that naturally occur in Cannabis sativa L., all naturally occurring tetrahydrocannabinol-class cannabinoids, other known cannabinoids with effects similar to THC, and more detail regarding what constitutes a “container.” These lists will help shape how states like Oregon interpret and apply new requirements.
Oregon already employs a total THC standard but calculates it differently than described by current federal language. State statute ORS 571.269 allows ODA flexibility to define concentration requirements by rule so that adjustments can be made once more detailed federal guidance is available.
No immediate changes are required for licensed hemp businesses in Oregon at this time. The ODA notes that its ongoing rulemaking process is unrelated to recent federal legislative updates. However, future impacts may include revised testing requirements based on how agencies define “total THC,” potential transfer of certain products into Oregon’s adult-use cannabis system regulated by OLCC, market disruptions for products exceeding new limits, or crop destruction if pre-harvest standards change.
ODA states: “ODA is closely reviewing the federal bill and will monitor FDA and USDA actions over the next year. As federal agencies release guidance, ODA will share updates and begin evaluating changes needed to keep Oregon’s program in compliance.”
Any future revisions to state rules will involve public input opportunities for growers, processors, vendors, and community members.
