The Federal Hemp THC Ban: November 12 and December 11, 2026

Headlines about the "hemp THC ban" can be confusing: some say November, some say December, some say CBD is about to disappear. It gets simpler once you see that Congress did one thing: it rewrote the federal definition of "hemp." Here is what changed, why it happens in two steps, and what it means for different products. This is general information, not legal advice.

At a glance

Why Congress changed the definition

Hemp and marijuana are the same plant, Cannabis sativa L. The 2018 Farm Bill defined hemp as the plant and anything made from it, including its "cannabinoids, isomers, acids," with a delta-9 THC concentration of no more than 0.3% on a dry weight basis (2018 Farm Bill). Only delta-9 THC was counted.

After 2018, some companies sold products with less than 0.3% delta-9 THC but more total THC, such as delta-8 THC. These could be intoxicating yet still legally qualify as hemp, which critics called the "THC loophole" (CRS Legal Sidebar 2026; CRS In Focus 2026). The Senate Appropriations Committee said the new definition aims to prevent "the unregulated sale of intoxicating" hemp products (CRS Insight 2025).

Section 781 of Public Law 119-37, signed on November 12, 2025, replaced the definition and set it to take effect 365 days later (Pub. L. 119-37). More: hemp vs. marijuana.

Source type: federal statute (final) and Congressional Research Service (CRS) analysis, which explains the law but is not law.

What the new definition says

There are five main changes (Pub. L. 119-37):

• Total THC: the 0.3% limit counts "total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid)." THCA is the acid form of THC found in the raw plant.
• Cannabinoids the plant cannot make: products containing cannabinoids "not capable of being naturally produced" by the plant are not hemp.
• Cannabinoids made outside the plant: products containing cannabinoids the plant can produce, but that were "synthesized or manufactured outside the plant," are not hemp either.
• A per-container cap: to count as hemp, a final product may contain no more than 0.4 mg, "combined total per container," of total THC plus other cannabinoids with THC-like effects (as determined by the Secretary of Health and Human Services).
• Intermediate products: extracts not yet in final form may contain no more than 0.3% of those cannabinoids combined, and may not be marketed as a final product or sold directly to consumers.

The rules cover products for "human or animal use" by any route, "such as inhalation, ingestion, or topical application," so creams and pet products are included (Pub. L. 119-37).

What "container" means

A container is "the innermost wrapping, packaging, or vessel in direct contact with" the final product, "such as a jar, bottle, bag, box, packet, can, carton, or cartridge." Bulk shipping containers and non-essential outer wrappings do not count (Pub. L. 119-37). So the limit applies to the whole container, not to one serving.

The law asked the FDA to publish, within 90 days, lists of naturally occurring and THC-like cannabinoids plus "additional information and specificity" about the term container (Pub. L. 119-37). As of October 28, 2026, CRS reported that the FDA had published none of these (CRS Legal Sidebar 2026).

Source type: federal statute (final); the clarifying FDA lists were still unpublished as of October 28, 2026.

The two dates, and the delay

In September 2026, Public Law 119-103 split the start date. Until December 11, 2026, the 2025 amendments "shall only apply" to products containing cannabinoids that are not capable of being naturally produced by the plant (Pub. L. 119-103).

• From November 12, 2026: products containing cannabinoids the plant cannot produce naturally are no longer hemp and, according to CRS, are treated as controlled substances to the extent they fall within the federal definition of marijuana or THC (CRS Legal Sidebar 2026).
• Starting December 11, 2026, unless Congress delays it again: the rest of the definition applies, including total THC, the exclusion of cannabinoids made outside the plant and the 0.4 mg per container cap (Pub. L. 119-103; CRS In Focus 2026). December 11 is also the day that temporary funding law runs out (Pub. L. 119-103).

Could it be delayed again? Bills to delay the new definition by two more years (H.R. 7024, H.R. 7010, S. 3686) or to repeal it (H.R. 6209) have been introduced (CRS Legal Sidebar 2026). As of November 2, 2026, the latest recorded action on each was a referral to a committee or subcommittee (H.R. 7024; H.R. 7010; S. 3686; H.R. 6209). The House-passed 2027 agriculture funding bill (H.R. 8646) does not include a delay (CRS In Focus 2026). Updates: US regulation page.

Source type: two federal statutes (final) and official bill status records. Pending bills are proposals, not law.

What it means for different products

CBD oil and other non-intoxicating products

CBD occurs naturally in the plant, and CRS describes it as not intoxicating (CRS Legal Sidebar 2026). So CBD extracted from the plant is not affected by the November 12 step. Starting December 11, 2026, unless Congress delays it again, two rules matter: CBD synthesized or made outside the plant is excluded, and a finished product may hold no more than 0.4 mg of total THC (plus THC-like cannabinoids) per container (Pub. L. 119-37).

How small is 0.4 mg? Under the old rule, a 30-gram bottle at 0.3% delta-9 THC could hold about 90 mg of THC (30 g × 0.003 = 0.09 g); under the new cap, the whole bottle may hold 0.4 mg. A December 2025 executive order says "some full-spectrum CBD products will once again be controlled as marijuana" when Section 781 takes effect, because they exceed the per-container threshold (Executive Order 14370, 2025).

CBD isolate and broad-spectrum products: the statute does not use these terms; it looks only at what is in the container (Pub. L. 119-37). We found no agency statement treating them as a separate category. The executive order cites a study that found some CBD products "inaccurately labeled regarding CBD isolate, broad-spectrum, or full-spectrum composition" (Executive Order 14370, 2025). See reading labels, Is CBD FDA-approved? and what is CBD oil?

Delta-8, HHC, THC-O and similar products

CRS names THC-O as a cannabinoid that does not occur naturally in the plant, so the November 12 step catches it. Delta-8 THC does occur naturally in hemp, according to CRS, so that step does not reach it on that basis. Starting December 11, 2026, unless Congress delays it again, total THC counts delta-8 and delta-10 THC as well (CRS Legal Sidebar 2026), and cannabinoids "synthesized or manufactured outside the plant" are excluded (Pub. L. 119-37). The law asked the FDA to list the cannabinoids the plant can produce naturally; as of October 28, 2026, the FDA had not published that list (Pub. L. 119-37; CRS Legal Sidebar 2026).

The DEA's position is that THC "produced through chemical conversion, even when hemp derived," is not THC in hemp (DEA 2026); two federal appeals courts took a different view under the 2018 definition (CRS Legal Sidebar 2026). In May 2026 the DEA also added a specific Schedule I listing for HHC (DEA 2026). Details: delta-8 THC, HHC, synthetic cannabinoids.

THCA flower

Starting December 11, 2026, unless Congress delays it again, the 0.3% limit for the plant and any part of it counts total THC "including tetrahydrocannabinolic acid" (Pub. L. 119-37). Flower with low delta-9 THC but high THCA would no longer qualify. More: what is THCA?

Delta-9 hemp edibles

Gummies and drinks with hemp-derived delta-9 THC are final products, so the 0.4 mg total THC per container cap applies to them starting December 11, 2026, unless Congress delays it again (Pub. L. 119-37). See delta-9 hemp products.

Hemp grain and fiber farmers

The new definition expressly includes "industrial hemp" (grown for fiber, grain, seed oil, microgreens, non-commercial research, or seed for these) and leaves it out of the "hemp-derived cannabinoid product" definition, so the per-container cap does not apply to it. Two plant-level changes do apply from December 11, 2026, unless delayed: the 0.3% limit counts THCA, and viable seeds from plants above 0.3% total THC are excluded (Pub. L. 119-37).

Source type: federal statute (final), an executive order (sets policy; does not change the statute), a DEA final rule and CRS analysis.

What the change does not do

States can be stricter. The federal hemp statute says it does not preempt state laws on hemp production that are "more stringent" (7 U.S.C. 1639p), and many states set their own, stricter rules for hemp products. Three examples:

• New Jersey moved early: since April 13, 2026, products with more than 0.4 mg of total THC per container count as cannabis under state law, with a later date for hemp drinks (NJ CRC 2026).
• California has required since January 1, 2026, that hemp extract used in food, drinks and supplements contain no THC and be CBD or CBN isolate of more than 99% purity; hemp flower cannot be sold there (CDPH 2026).
• Washington has allowed only licensed cannabis retailers to sell products with detectable THC, including hemp-derived THC, since a 2023 law (WSLCB).

Other states: state pages.

It does not affect Epidiolex. The new product definition excludes drugs approved by the FDA under section 505 of the Food, Drug, and Cosmetic Act (Pub. L. 119-37). Epidiolex was approved on June 25, 2018 (FDA Drugs@FDA), and the FDA's Q&A (last updated July 2024) says no other approved drug product contains CBD (FDA 2024).

It does not reschedule marijuana. In April 2026, the Justice Department moved FDA-approved drugs containing marijuana and marijuana covered by a state medical marijuana license to Schedule III; the rule says it "does not affect the status of hemp" (DOJ 2026). As of October 28, 2026, other marijuana remained in Schedule I (CRS Legal Sidebar 2026).

Source type: federal statute (final), state agency guidance, FDA records, and a DOJ/DEA final rule; CRS analysis explains the law but is not law.

Who enforces what

• USDA runs the hemp production program: it approves state and tribal plans and licenses growers where no such plan exists (USDA AMS).
• FDA keeps its authority over hemp products under food and drug law (2018 Farm Bill) and treats them like any other product it regulates (FDA 2024).
• DEA: products excluded from the hemp definition become subject to control under the Controlled Substances Act by the DEA (CRS Legal Sidebar 2026). In December 2025, CRS noted it "remains unclear if and how" federal law enforcement will enforce the new prohibitions (CRS Insight 2025).
• States enforce their own hemp and cannabis laws, as in the examples above.

Source type: federal statutes (final), agency web pages, and CRS analysis.

When to talk to a doctor or pharmacist

If you use CBD for a health reason and your product may change or disappear, talk with your doctor or pharmacist before stopping or switching, especially if you take other medicines; our drug interactions tool can help. If you take Epidiolex, the new hemp definition does not apply to it (Pub. L. 119-37). If you are drug tested at work, see CBD and drug tests.

Frequently asked questions

References