WASHINGTON, March 17, 2026 — The U.S. Commodity Futures Trading Commission said Tuesday, in a press release, that it joined an interpretation issued by the U.S. Securities and Exchange Commission clarifying how federal securities laws apply to certain crypto assets and transactions involving crypto assets. The CFTC said it and its staff will administer the Commodity Exchange Act consistent with the SEC’s interpretation.
CFTC Chairman Michael S. Selig said the joint action was intended to provide greater clarity regarding the treatment of crypto assets under federal securities and commodity laws.
“For far too long, American builders, innovators, and entrepreneurs have awaited clear guidance on the status of crypto assets under the federal securities and commodity laws,” Selig said in a statement.
Commodity classification for certain crypto assets
The CFTC said certain non-security crypto assets could meet the definition of a commodity under the Commodity Exchange Act. The agencies said the interpretation provides a taxonomy covering digital commodities, digital collectibles, digital tools, stablecoins, and digital securities.
The interpretation also addresses how a non-security crypto asset may become subject to, and may cease to be subject to, an investment contract.
Guidance on staking, mining, and airdrops
The interpretation also clarifies the application of federal securities laws to airdrops, protocol mining, protocol staking, and the wrapping of a non-security crypto asset.
Regulatory coordination ahead of market-structure legislation
The agencies said the interpretation is intended to provide greater clarity regarding the treatment of crypto assets and complements congressional efforts to codify a comprehensive market-structure framework into statute.
SEC Chairman Paul S. Atkins said the interpretation would provide market participants with a clearer understanding of how the Commission treats crypto assets under federal securities laws.
“After more than a decade of uncertainty, this interpretation will provide market participants with a clear understanding of how the Commission treats crypto assets under federal securities laws,” Atkins said.
The interpretation will be published on CFTC.gov and in the Federal Register, according to the agency.
