FDA, DEA Lack Ability to Enforce Hemp Ban

Last week 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 (i.e. funding, staff, and infrastructure) necessary to enforce the new policy set to take effect in 2026 that would ban “intoxicating hemp products.” The measure, added to last month’s federal spending deal, redefines hemp to prohibit products containing more than 0.4 mg of total THC per package, effectively banning popular hemp-derived cannabinoids such as delta-8 THC, HHC, and high-THCA products.

“It remains unclear if and how federal law enforcement will enforce the new prohibitions,” the CRS was quoted on December 3. “Both FDA and DEA may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market.”

Industry participants cautioned that an unfunded ban could drive unregulated and illicit sales. Dino Awadisian, founder of Mamba Brand, said the lack of a regulatory framework risks expanding the black market and called for structured federal oversight instead.

“A law with no funding is not enforcement—it’s theater,” Awadisian said. “This will not protect the public. It will only reward unsafe, unregulated, and untraceable products.”

The report also flagged potential new restrictions on hemp and cannabis seeds, which could be regulated based on genetic potential rather than THC content, exposing seed distributors to legal risk. Industry advocates are urging lawmakers to replace prohibition with nationally funded licensing, testing, age restrictions, and packaging standards.

Source: Tobacco Reporter (December 10, 2025). Report: FDA, DEA Lack Ability to Enforce Hemp Ban.