U.S. Code » Title 7 » Chapter CHAPTER 38— DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS › Subchapter SUBCHAPTER VII— HEMP PRODUCTION

7 U.S.C. § 1639r

Regulations and guidelines; effect on other law

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(a) Promulgation of regulations and guidelines; report(1) Regulations and guidelines(A) In general

The Secretary shall promulgate regulations and guidelines to implement this subchapter as expeditiously as practicable.

(B) Consultation with Attorney General

The Secretary shall consult with the Attorney General on the promulgation of regulations and guidelines under subparagraph (A).

(2) Report

The Secretary shall annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing updates on the implementation of this subchapter.

(b) Authority

Subject to subsection (c)(3)(B), the Secretary shall have sole authority to promulgate Federal regulations and guidelines that relate to the production of hemp, including Federal regulations and guidelines that relate to the implementation of sections 1639p and 1639q of this title.

(c) Effect on other lawNothing in this subchapter shall affect or modify—(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);(2)section 262 of title 42; or(3) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services—(A) under—(i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or(ii)section 262 of title 42; or(B) to promulgate Federal regulations and guidelines that relate to the production of hemp under the Act described in subparagraph (A)(i) or the section described in subparagraph (A)(ii).(Aug. 14, 1946, ch. 966, title II, § 297D, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4913.)Editorial NotesReferences in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(1), (3)(A)(i), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2019–2025 · leading case: Hemp Industries Association v. DEA
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Hemp Industries Association v. DEA (2022) cadc “The 2018 Farm Bill granted the Secretary of the United States Department of Agriculture (USDA)—subject to exceptions not pertinent here—“sole authority to promulgate Federal regulations and guidelines that relate to the production of hemp,” 7 U.S.C. § 1639r(b); see also id. §…”
Flandreau Santee Sioux Tribe v. United States Department of Agriculture (2019) sdd · cites it 4× “Finally, the Tribe argues that 7 U.S.C. § 1639r(b) does not apply to 7 U.”
Hemp Industries Association v. United States Drug Enforcement Administration (2021) dcd · cites it 3× “Nor have Plaintiffs thus far alleged an “obvious violation of a clear statutory command” with respect to their related argument that DEA has disregarded the AIA’s express grant of regulatory authority to USDA in 7 U.S.C. § 1639r. See DCH Reg’l, 925 F.3d at 509 .”
Campbell v. State of Florida (2025) fladistctapp “§ 802 (16)(B) (2018) (removing "industrial hemp" from the federal definition of marijuana); 7 U.S.C. § 1639r. (2018) (authorizing regulatory framework); see also Agricultural Improvement Act of 2018, Pub.”
Moore v. Md. Hemp Coalition (2025) mdctspecapp “7 U.S.C. § 1639r(c). That separate provision recognizes the authority of the FDA to regulate hemp under the Food, Drug, and Cosmetic Act.”
— 7 U.S.C. § 1639r(b) — 3 cases
Hemp Industries Association v. DEA (2022) cadc “The 2018 Farm Bill granted the Secretary of the United States Department of Agriculture (USDA)—subject to exceptions not pertinent here—“sole authority to promulgate Federal regulations and guidelines that relate to the production of hemp,” 7 U.S.C. § 1639r(b); see also id. §…”
Flandreau Santee Sioux Tribe v. United States Department of Agriculture (2019) sdd “Finally, the Tribe argues that 7 U.S.C. § 1639r(b) does not apply to 7 U.”
Hemp Industries Association v. United States Drug Enforcement Administration (2021) dcd “Nor have Plaintiffs thus far alleged an “obvious violation of a clear statutory command” with respect to their related argument that DEA has disregarded the AIA’s express grant of regulatory authority to USDA in 7 U.S.C. § 1639r. See DCH Reg’l, 925 F.3d at 509 .”
— 7 U.S.C. § 1639r(c) — 1 case
Moore v. Md. Hemp Coalition (2025) mdctspecapp “7 U.S.C. § 1639r(c). That separate provision recognizes the authority of the FDA to regulate hemp under the Food, Drug, and Cosmetic Act.”
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