# § 1639o. Definitions
In this subchapter:
**(1)** **Hemp** The term “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
**(2)** **Indian tribe** section 5304 of title 25
The term “Indian tribe” has the meaning given the term in .
**(3)** **Secretary** The term “Secretary” means the Secretary of Agriculture.
**(4)** **State** The term “State” means—
**(A)** a State;
**(B)** the District of Columbia;
**(C)** the Commonwealth of Puerto Rico; and
**(D)** any other territory or possession of the United States.
**(5)** **State department of agriculture** The term “State department of agriculture” means the agency, commission, or department of a State government responsible for agriculture in the State.
**(6)** **Tribal government** The term “Tribal government” means the governing body of an Indian tribe.
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**Source Credit**: (Aug. 14, 1946, ch. 966, title II, § 297A, as added Pub. L. 115–334, title X, § 10113, Dec. 20, 2018, 132 Stat. 4908; amended Pub. L. 119–37, div. B, title VII, § 781(1), (2), Nov. 12, 2025, 139 Stat. 558.)
### Amendment of Section
, (2), , , provided that, effective 365 days after the enactment of (approved ), this section is amended by redesignating paragraphs (2) through (6) as (4) through (8), respectively and by striking paragraph (1) and inserting the following:
See 2025 Amendment notes below.
## Editorial Notes
### Amendments
2025— added pars. (1) to (3), redesignated former pars. (2) to (6) as (4) to (8), respectively, and struck out former par. (1) which defined “hemp”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2025 Amendment
, , , provided in part that the amendment made by section 781(1) and (2) is effective 365 days after the enactment of , which was approved .
### Publication of Lists of Information Concerning Cannabinoids
> **“(A)** a list of all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature;
>
> **“(B)** a list of all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant;
>
> **“(C)** a list of all other know [sic] cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids; and
>
> **“(D)** additional information and specificity about the term ‘container’, as defined in paragraph (3)(C) [probably means par. (3)(C) of 7 U.S.C. 1639*o*, as added by Pub. L. 119–37].”
, , , provided that:
### Interstate Commerce
> **“(a)** **Rule of Construction.—** Nothing in this title [enacting this subchapter and sections 1627c and 6521a of this title, amending sections 136a, 1622b, 1632a, 1632b, 2204h, 2207b, 2276, 2401, 2402, 2541, 2568, 3003, 5925c, 6502, 6514, 6515, 6518, 6519, 6521–6523, and 7655a of this title and section 714i of Title 15, Commerce and Trade, repealing sections 3005 and 3006 of this title, enacting provisions set out as notes under sections 1627c, 1639*o*, 6503, and 6521a of this title, and amending provisions set out as a note under section 1621 of this title] or an amendment made by this title prohibits the interstate commerce of hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 [7 U.S.C. 1639*o*] (as added by section 10113)) or hemp products.
>
> **“(b)** **Transportation of Hemp and Hemp Products.—** No State or Indian Tribe shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946 [7 U.S.C. 1639*o* et seq.] (as added by section 10113) through the State or the territory of the Indian Tribe, as applicable.”
, , , provided that: