In November 2025, Congress enacted significant changes to the federal regulation of industrial hemp and CBD products through the Continuing Appropriations and Extensions Act of 2026 (H.R. 5371). Signed into law to end a government shutdown, this legislation closes the so-called “hemp loophole” created by the 2018 Farm Bill.
Key Legislative Changes (Effective November 12, 2026)
The new law fundamentally redefines “hemp” to exclude most intoxicating and many non-intoxicating consumer products after a one-year transition period:
- “Total THC” Standard: Hemp is now defined by its total THC concentration—including THCA, which converts to Delta-9 THC when heated—rather than Delta-9 alone. The 0.3% limit now applies to the sum of all THC forms.
- 0.4 mg Per-Container Cap: Finished consumer products (edibles, vapes, etc.) are limited to 0.4 milligrams of total THC per container. This strict cap effectively bans most existing hemp-derived intoxicating products and may also impact “full-spectrum” CBD products that contain trace THC.
- Ban on Synthetic/Converted Cannabinoids: Cannabinoids that are not naturally derived or are produced via chemical conversion (such as Delta-8 THC, Delta-10 THC, HHC, and THCP) are excluded from the definition of hemp and will be reclassified as controlled substances.
- Safety for “Industrial Hemp”: Non-consumable uses, such as fiber, grain, and seed oil, remain protected under the “industrial hemp” safe harbor.
Regulatory Mandates
The U.S. Food and Drug Administration (FDA) and Department of Health and Human Services (HHS) must publish clarifying lists within 90 days of enactment (by early 2026):
- Lists of all cannabinoids naturally produced by the plant.
- Identification of “THC-class” cannabinoids and those with “similar effects” to THC.
- Detailed definitions for what constitutes a “container” to prevent packaging workarounds.
Pending and Potential Repeal Efforts
The industry has already seen immediate legislative pushback:
Alternative Regulatory Proposals: Other lawmakers, including Representative Morgan Griffith (R-VA), are drafting bills that would replace the ban with a strict regulatory framework featuring age-gating (21+), labeling requirements, and specific potency limits per serving rather than a total ban. Key Legislative Changes (Effective November 12, 2026)
American Hemp Protection Act of 2025: Introduced by Representative Nancy Mace (R-SC) on November 20, 2025, this bill seeks to repeal the new hemp restrictions before they take effect.
The new law fundamentally redefines “hemp” to exclude most intoxicating and many non-intoxicating consumer products after a one-year transition period:
- “Total THC” Standard: Hemp is now defined by its total THC concentration—including THCA, which converts to Delta-9 THC when heated—rather than Delta-9 alone. The 0.3% limit now applies to the sum of all THC forms.
- 0.4 mg Per-Container Cap: Finished consumer products (edibles, vapes, etc.) are limited to 0.4 milligrams of total THC per container. This strict cap effectively bans most existing hemp-derived intoxicating products and may also impact “full-spectrum” CBD products that contain trace THC.
- Ban on Synthetic/Converted Cannabinoids: Cannabinoids that are not naturally derived or are produced via chemical conversion (such as Delta-8 THC, Delta-10 THC, HHC, and THCP) are excluded from the definition of hemp and will be reclassified as controlled substances.
- Safety for “Industrial Hemp”: Non-consumable uses, such as fiber, grain, and seed oil, remain protected under the “industrial hemp” safe harbor.
Regulatory Mandates
The U.S. Food and Drug Administration (FDA) and Department of Health and Human Services (HHS) must publish clarifying lists within 90 days of enactment (by early 2026):
- Lists of all cannabinoids naturally produced by the plant.
- Identification of “THC-class” cannabinoids and those with “similar effects” to THC.
- Detailed definitions for what constitutes a “container” to prevent packaging workarounds.
Pending and Potential Repeal Efforts
The industry has already seen immediate legislative pushback:
- American Hemp Protection Act of 2025: Introduced by Representative Nancy Mace (R-SC) on November 20, 2025, this bill seeks to repeal the new hemp restrictions before they take effect.
- Alternative Regulatory Proposals: Other lawmakers, including Representative Morgan Griffith (R-VA), are drafting bills that would replace the ban with a strict regulatory framework featuring age-gating (21+), labeling requirements, and specific potency limits per serving rather than a total ban.
Blain Bechtold is president of the Industrial Hemp Association of Michigan.
