Last updated: October 3, 2026.
In November 2025, Congress changed the federal definition of hemp. The change was set to start on November 12, 2026, but a funding bill signed on September 2 pushed most of it back to December 11, 2026.
What’s changing
Hemp has long meant cannabis with no more than 0.3% THC. The new law counts total THC, including THCA, and caps finished hemp products at 0.4 milligrams of total THC per container. That’s far below a typical THC gummy or drink, so most intoxicating hemp products would stop qualifying as legal hemp.
What the delay covers
The one-month delay applies to products made from cannabinoids the plant produces naturally, such as hemp-derived delta-9 and THCA flower. Lab-made cannabinoids like delta-8 and HHC were carved out of the delay and lose federal hemp status on the original date, November 12.
What doesn’t change
Non-intoxicating CBD products under the 0.4 mg cap can still qualify as hemp. Marijuana sold in state-licensed dispensaries falls under different rules, so the hemp definition doesn’t touch it. And some states already went further: Ohio now limits intoxicating hemp to licensed dispensaries.
What’s next
Congress could still pass a regulatory framework for hemp before December 11, and the industry is lobbying for one. If nothing passes, the new definition takes effect on schedule. Dates can shift, so check back.
This is general information, not legal advice.