SEC Declares 16 Cryptos Are Commodities — Not Securities. Here's What It Means.

The crypto industry just got the regulatory clarity it has been demanding for years. On March 17, 2026, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) issued a joint interpretive release that explicitly named 16 crypto assets as digital commodities — and therefore not securities — under federal law.

According to FinTech Weekly's coverage, the designated assets include Bitcoin, Ether, Solana, XRP, Dogecoin, Cardano, Avalanche, Chainlink, Polkadot, Hedera, Litecoin, Bitcoin Cash, Shiba Inu, Stellar, Tezos, and Aptos.

Why This Matters

The securities-vs-commodities classification has been the central legal battle in crypto for years. If a token is a security, it falls under the SEC's jurisdiction, requiring registration, disclosures, and compliance with securities laws — requirements that most crypto projects can't easily meet.

By declaring these 16 assets as commodities, the regulators have effectively:

Removed the legal cloud hanging over exchanges that list these tokens

Opened the door for more regulated financial products (ETFs, futures, derivatives)

Given institutional investors the legal certainty they need to increase allocations

Shifted primary oversight to the CFTC, which has historically been more crypto-friendly

Market Reaction

As market analysts note, Bitcoin is holding near $70,500 with a market capitalization of approximately $1.33 trillion. Ethereum maintains roughly $233 billion in market value. The classification provides a foundation for further institutional adoption.

What's Not on the List

Notably, thousands of smaller tokens were not included in the commodity designation. The ruling applies only to these 16 specific assets, which means most altcoins, DeFi tokens, and newer projects still face regulatory uncertainty. The SEC preserved its right to classify other tokens on a case-by-case basis.

The Regulatory Framework Takes Shape

The commodity designation is part of a broader legislative push. The Financial Innovation and Technology for the 21st Century Act (FIT21), passed by the House in 2024 and signed into law in early 2026, established the framework for dividing crypto oversight between the SEC and CFTC. Under FIT21, a digital asset qualifies as a commodity if its underlying blockchain is "functionally decentralized" — meaning no single entity controls more than 20% of the network's voting power or token supply.

The 16 assets named in the joint release were the first to pass this decentralization test. Each underwent a detailed review of its governance structure, token distribution, and network architecture. The process took approximately 14 months from FIT21's passage to the final determination.

Impact on Exchanges and Trading Platforms

For crypto exchanges, the clarity is transformational. Coinbase, Kraken, and other major U.S. platforms have operated under a cloud of legal uncertainty for years, with the SEC filing enforcement actions against several for allegedly offering unregistered securities. The commodity designation effectively resolves these disputes for the 16 named assets, which account for approximately 78% of total crypto trading volume.

The CFTC's regulatory approach is fundamentally different from the SEC's. Rather than requiring registration of individual tokens, it focuses on overseeing the derivatives and futures markets built around them. This means spot trading of these 16 assets will face lighter regulatory requirements, potentially reducing compliance costs for exchanges and enabling more competitive fee structures for retail traders.

What This Means for Your Portfolio

For individual investors, the practical implications are significant. Commodity status means these assets can be held in certain tax-advantaged structures that were previously unavailable. More importantly, it opens the door to a new generation of regulated financial products — spot ETFs, options contracts, and structured notes — that make it easier for mainstream investors to gain exposure without directly holding crypto.

The psychological impact may be even larger than the regulatory one. Institutional allocators who were previously sidelined by legal ambiguity now have the green light to include these assets in diversified portfolios. Major pension funds and endowments have already signaled interest, with CalPERS and the Yale endowment reportedly exploring small allocations to Bitcoin and Ethereum commodity products.

References

FinTech Weekly. (2026, March 17). SEC names Bitcoin, Ether, Solana and 13 more crypto assets digital commodities — not securities. https://www.fintechweekly.com/news/sec-bitcoin-ether-solana-digital-commodities-not-securities-march-2026

Tereshkin, S. (2026, March 19). Cryptocurrency news March 19, 2026: US regulatory shift, Bitcoin, and top 10 cryptocurrencies. https://sergeytereshkin.com/publications/cryptocurrency-news-march-19-2026-us-regulatory-shift-bitcoin-top-10-cryptocurrencies