The Congressional Research Service published an updated report last week noting that the Food and Drug Administration has not met a legal deadline. The agency failed to publish required guidance on hemp product containers and lists of known cannabinoids. This delay occurs as federal laws for hemp derivatives are set to change later this year.
The CRS stated that the law requires FDA to consult with relevant federal agencies and publish the guidance within 90 days of enactment. The report specifies that as of August 2026, this information has not been published.
FDA was tasked with providing additional information and specificity about the term “container” regarding hemp product THC serving sizes. The bill defines this term as the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product. This definition includes items such as a jar, bottle, bag, box, packet, can, carton, or cartridge.
Hemp industry operatives say the agency’s failure to follow through on what lawmakers directed will make it harder to comply with the law. Jim Higdon, cofounder and chief communications officer of Cornbread Hemp, highlighted the difficulty of navigating these unclear regulations. He stated, “It is difficult to comply with the law while key definitions are still in question,” he told Marijuana Moment on Friday.
Higdon further questioned how businesses can adhere to new rules without clear parameters. He asked, “Without knowing the definition of container or exact list of cannabinoids that are covered by the ban, how does one comply?” The lack of clarity creates significant operational hurdles for companies in the sector.
The CRS is not the first body to call out FDA for missing this hemp-related deadline. Researchers noted the issue in an earlier analysis published back in May.
Marijuana Moment sent requests to FDA for an update on its plans to publish the required guidance. Representatives did not reply to these inquiries. A spokesperson for the U.S. Department of Health and Human Services told Marijuana Moment earlier this year that it was the agency’s intention to provide the lists in time.
The HHS spokesperson stated that the lists would be published in the Federal Register. However, that action has yet to materialize. Officials did not provide clarification when asked for an update on the status of these publications.
These delays occur as many hemp products legalized under the 2018 Farm Bill will be prohibited starting in November. New spending legislation redefines hemp to allow only products with 0.4 milligrams of total THC per container to remain legal after November 12. The FDA’s continued silence leaves the industry without the necessary tools to meet these new standards.
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