A new federal ban on "intoxicating hemp products" set to take effect in 2026 may fail due to a lack of law enforcement funding, staffing, and federal infrastructure, according to a newly released congressional analysis.
The Congressional Research Service (CRS)—the nonpartisan investigative office that advises U.S. lawmakers—issued a report warning that both the Food and Drug Administration (FDA) and Drug Enforcement Administration (DEA) do not have the resources necessary to enforce the new policy.
The ban, which was quietly inserted into last month's federal spending agreement, changes the legal definition of hemp to include a nationwide prohibition on products containing more than 0.4 milligrams of total THC per package, effectively banning popular cannabinoids such as delta-8 THC, HHC, high-THCA flower, and several other hemp-derived consumables.
"It remains unclear if and how federal law enforcement will enforce the new prohibitions…"
"Both FDA and DEA may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market," said the Congressional Research Service, December 3, 2025.
Industry response: Regulation over chaos
Industry policy advocate and Mamba Brand founder Dino Awadisian says the report confirms what responsible manufacturers and retailers have warned for years: a ban without regulation or enforcement only benefits unregulated operators, especially those who target minors with copycat candy packaging and avoid lab testing and age verification.
"A law with no funding is not enforcement—it's theater. This will not protect the public. It will only reward unsafe, unregulated, and untraceable products," said Dino Awadisian, Mamba Brand LLC.
Awadisian, who has advocated for a federal regulatory structure that includes product licensing, testing standards, compliance inspections, labeling rules, and age-restricted retail systems, warned that the absence of a clear plan will create a dangerous black-market vacuum that mirrors recreational marijuana's legal grey zone.
Seeds may also become illegal under new definition
The CRS report also notes a dramatic shift in federal policy: seeds from plants that can grow into high-THC cannabis may soon become illegal for interstate commerce—even though seeds contain negligible THC.
For the first time, seeds would be regulated by genetic potential, not chemical content, a change that legal experts say could put mainstream seed distributors at risk of prosecution.
Awadisian is urging lawmakers to replace unfunded prohibition with structured national regulation, including Federal licensing for hemp product manufacturers; Age-restricted retail requirements; Mandatory product testing & chemical reporting; Child-safe packaging standards; Trademark protections to prevent candy look-alike marketing; Real compliance enforcement with funding attached.
"Instead of outlawing the legal market, Congress should control it—just like alcohol and tobacco," said Dino Awadisian.
For more information:
Dino Awadisian
+8184044415
Email: [email protected]
