Federal Law
Over the decades, the legality of cultivating hemp in the United States has gone through some changes. In 1970, the Controlled Substances Act made hemp cultivation totally illegal, rolling “hemp” in with the definition of “marijuana.” This criminalized approach to hemp changed with the 2018 Farm Bill, which removed hemp from the definition of “marijuana” and gave states a chance to create their own hemp regulation programs. Within the past year, there has been a change made to the regulation of the cultivation of hemp at the state level, as well as a change in the federal legal definition of “hemp.” Both of these changes will likely affect hemp producers.
Changes to regulatory oversight in Ohio
After the passage of the 2018 Farm Bill, the state of Ohio, through the Ohio Department of Agriculture (ODA), submitted its plan to the United States Department of Agriculture (USDA) to regulate the cultivating and processing of hemp. In the spring of 2020, ODA began accepting applications for both the cultivation and processing of hemp.
As we shared in a blog post last summer, language included in the state operating budget, passed in June 2025, gave up ODA’s authority to regulate hemp cultivation within the state. On July 25, 2025, ODA started the process of transferring the regulation of hemp cultivation to the USDA. As of January 1, 2026, if you are growing hemp in Ohio, you must be licensed through USDA, and all ODA cultivation licenses are now void. ODA continues to regulate hemp processors. ODA has a webpage explaining these changes, which is available here. For further reading, the state operating budget, H.B. 96, is available here.
Federal changes to the legal definition of “hemp”
When cultivation of hemp was legalized in the 2018 Farm Bill, “hemp” was defined by Congress as “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 tetrahydrocannabinolic [THC] concentration of not more than 0.3 percent on a dry weight basis.” Following the passage of the 2018 Farm Bill, however, Congress discovered that this definition of “hemp” created an unintended loophole. While delta-9 THC is the primary psychoactive compound that can lead to intoxication found both in both hemp and marijuana, it is not the not the only such compound. Since its legalization, hemp products have been sold that do not contain more than 0.3 percent delta-9 THC, but do contain other cannabinoids, like delta-8 THC, that can cause intoxication if ingested.
To close this loophole allowing intoxicating hemp products, Congress changed the definition of hemp in H.R. 5371, which was signed into law on November 12, 2025. The federal definition of hemp is now “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 total [THC] concentration (including tetrahydrocannabinolic acid [THCA]) of not more than 0.3 percent on a dry weight basis.” As a result, instead of just regulating the amount of delta-9 THC, federal law now regulates the total THC concentration of hemp and its components. Thus, growers who have hemp plants that have a total THC concentration of more than 0.3 percent would be in violation of federal law. Importantly, this definition also applies to industrial hemp, or “hemp grown for the use of the stalk, whole grain, oil, cake, nut, hull, or any other non-cannabinoid derivative of the seeds.” The new definition of hemp becomes effective a year from the signing of the law, on November 12, 2026. The text of H.R. 5371 is available here.
Be sure to follow the Ohio Ag Law Blog for any further updates on hemp regulation!
Tags: hemp cultivation, hemp regulations, industrial hemp, Ohio Law, Federal Law
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Farmers already face an onslaught of challenges: fluctuating markets, unpredictable weather, labor shortages, equipment breakdowns, regulatory demands, and tight finances. Federal financial crime regulations do not usually rank high on their list of concerns.
Today, we are focusing on exactly that – a new rule from the Financial Crimes Enforcement Network (FinCEN).
The positive news is that FinCEN’s Residential Real Estate Reporting Rule (RRE Rule), which takes effect March 1, 2026, is unlikely to impact most routine farm operations.
That said, it is worth raising awareness about these new requirements and alerting farmers to potential new fees and requirements that could arise in connection wither their next residential real estate transaction.
Background
You may recall the name FinCEN from last year’s significant developments surrounding the beneficial ownership information (BOI) reporting requirements for owners of domestic companies under the Corporate Transparency Act. That issue generated considerable attention and debate.
Now, FinCEN is back in the headlines, this time targeting residential real estate transactions. The RRE Rule was finalized to increase transparency in non-financed transfers of residential property. Simply, the rule aims to curb money laundering by mandating the reporting of beneficial ownership information (BOI) for the owners of businesses (such as LLCs or corporations) or trusts involved as buyers or “transferees” of residential property without a traditional mortgage or bank financing.
Law enforcement officials believe that all-cash or other non-financed transactions can sometimes serve as vehicles for concealing illicit funds. By requiring the reporting of BOI, they aim to uncover the true individuals behind these legal entities or trusts, ultimately helping to identify, disrupt, and prevent such money laundering schemes.
When Does the RRE Rule Take Effect?
March 1, 2026.
What Transactions Must Be Reported?
Transfers of property are reportable when they meet all of the following criteria:
- The property is residential.
- This includes single-family homes, townhouses, condominiums, cooperatives, and apartment buildings designed for 1-4 families.
- The transfer is non-financed.
- This means there is no mortgage or loan from a financial institution that is already subject to anti-money laundering laws.
- The purchaser of the property is a legal business entity or trust.
- This rule does not apply to purchases made by individuals.
- No exemption applies (see below).
Who Files the Report?
The best news about this new reporting rule? The buyer (or “transferee”) of the property is not responsible for reporting the BOI to FinCEN (unless they happen to be one of the specific professionals listed in the cascade below).
Instead, FinCEN assigns reporting responsibility through a structured “reporting cascade.” This hierarchy identifies common real estate professionals involved in property transfers and ranks them in order of priority. The obligation falls on the first applicable professional in the sequence. Professionals can also enter into a written designation agreement to shift the responsibility among themselves for added flexibility and/or convenience.
The cascade order is as follows:
- The person listed as the closing or settlement agent on the closing or settlement statement.
- If none, the person who prepared the closing or settlement statement.
- If none, the person who records the deed.
- If none, the title insurance underwriter.
- If none, the person who disburses the greatest amount of funds in connection with the transfer.
- If none, the person who evaluates or provides the title evaluation (e.g., Title Examiner, Attorney, Title Agent/Company).
- If none, the person who prepared the deed.
When Must the Report Be Filed?
The Real Estate Report must be filed within:
- 30 calendar days after closing; or
- By the last day of the next month following the month closing, whichever gives the most time.
What Information is Reported?
The reporting person must provide information about the transfer of residential property identifying the following:
- The reporting person
- The entity or trust receiving ownership of the property
- The beneficial owners of the purchasing entity or trust
- This includes a beneficial owner’s full legal name, date of birth, current residential address, citizenship, and a unique identifying number (an IRS TIN or passport number)
- Individuals signing the documents on behalf of the purchasing entity or trust
- The seller
- The residential property being transferred
- Total consideration and information about any payments made
Which Transactions Are Exempt?
FinCEN carved out several exemptions for “lower-risk transfers.” Those transactions that do not need to be reported include:
- Transfers of easements;
- Transfers resulting from death, pursuant to the terms of a will, trust, operation of law, or contractual provision like a transfer on death deed;
- Transfers as a result of divorce or dissolution;
- Transfers to a bankruptcy estate;
- Transfers already being supervised by a U.S. court;
- No-consideration transfers of property by an individual (or married couple) to a trust of which they are the grantor or settlor;
- Transfers to a qualified intermediary for purposes of a like-kind exchange under Section 1031 of the Internal Revenue Code; and
- Transfers for which there is no reporting person.
What is the Impact of This Rule on Residential Transfers?
For those transactions subject to the RRE Rule, the most noticeable impact is likely to be an additional fee (or an increase in fees) tied to the transfer of the property.
The designated reporting person will most likely charge a fee to cover the time and effort required to collect the necessary beneficial ownership information and prepare/submit the report to FinCEN.
What Does This Mean for Farmers?
For the vast majority of farmers, this rule will not apply. First, farmland is not classified as residential property and falls outside the scope of the rule. Second, most farm acquisitions involve financing. Third, routine estate planning transfers are exempt from any reporting obligations. In short, typical transactions like purchasing, selling, or passing down farmland, including the farmhouse itself, are highly unlikely to trigger any new reporting requirements.
The Narrow Scenario Where Farmers Might See an Impact.
That said, there is one specific scenario where a farmer or rural property owner might trigger the RRE Rule. If a farmer chooses to subdivide their property and separately survey off the farmhouse (treating it as distinct residential real estate) and then attempt to gift or transfer that farmhouse to an LLC, then the farmer likely has a reportable transfer on his or her hands. In this narrow case, the transfer likely would not qualify for any of the rule’s exemptions, such as those for routine estate planning gifts to trusts created by the individual, and would therefore require the designated reporting person to collect beneficial ownership information for the parties involved and file it with FinCEN.
Key Takeaway
In summary, FinCEN’s RRE Rule is not likely to affect the majority of farmers. That changes, however, in certain cases involving non-financed transfers of residential property (such as gifting a home to an LLC or conveying it to a trust where the seller/transferor is not the settlor or grantor of that trust). In those situations, do not be caught off guard if an additional reporting-related fee shows up at closing.
To be clear, it is not a fine or punishment for anything done wrong, it is simply the expense of doing business under the federal government’s new reporting requirements.
As with any transaction, proactive planning and clear communication with your attorney, accountant, or other trusted advisors can help ensure everything proceeds efficiently and without unexpected hiccups.
Tags: FinCEN, Property, Federal Law, Ag Law, Farm Law, Estate Planning, Gifting, LLC, trusts
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