Congress Just Moved to Recriminalize Most Hemp-Derived THC Products: Here’s What That Means
In November 2025, Congress passed a government funding bill that also included a major change to federal hemp policy. The Continuing Appropriations and Extensions Act of 2026 (H.R. 5371) ended the shutdown and, at the same time, redefined what counts as legal hemp in the United States.
This provision is designed to close the “hemp loophole” created by the 2018 Farm Bill, which allowed a large market of hemp-derived intoxicating products—such as delta-8 THC—to develop outside state cannabis systems. It is expected to affect a multibillion-dollar industry of gummies, vapes, beverages, and many CBD products now sold nationwide.
Below is an overview of what the bill does, who it targets, and how it interacts with state-legal medical cannabis programs such as Florida’s (TLDR for my medical cannabis patients: it doesn’t impact your medical RX for now).
Background: Hemp, Cannabis, and the 2018 Farm Bill
Same plant, different legal category": Hemp and marijuana both come from Cannabis sativa L. The 2018 Farm Bill defined hemp as cannabis with no more than 0.3% delta-9 THC by dry weight and removed it from the federal Controlled Substances Act.
The hemp loophole: The law did not address other THC isomers. Manufacturers began converting hemp-derived CBD into delta-8, delta-10, HHC, THCP, and similar cannabinoids, then selling them as “hemp products” in gas stations, smoke shops, liquor stores, and online—often with limited age controls or testing requirements.
The new law is aimed primarily at this conversion-based, intoxicating hemp market.
Key Changes in the New Federal Hemp Rules
1. New definition of legal hemp products
Under the new federal law, which takes effect one year after enactment (November 2026), a hemp-derived product is considered federally legal only if all of the following are true:
0.4mg THC cap per container: The finished consumer product contains no more than 0.4 milligrams of total THC per container.
“Total THC” includes delta-9, delta-8, delta-10, THCA, and other THC-class isomers.
Total THC percentage: The product meets the ≤0.3% total THC (not just delta-9) standard on a dry-weight basis, including THCA and any cannabinoid with similar effects.
Natural cannabinoids only: The cannabinoids in the product are naturally produced by the cannabis plant and are not synthesized or manufactured outside the plant.
No “similar-effect” cannabinoids: The product does not contain cannabinoids with similar effects to THC (or marketed as having similar effects), as determined by federal health authorities.
In practical terms, these conditions mean that most current intoxicating hemp products and many full-spectrum CBD products will not qualify as legal hemp after the transition period.
2. Ban on synthetic and semi-synthetic hemp cannabinoids
The law says the following products no longer count as hemp and therefore no longer enjoy hemp’s legal status:
Cannabinoids synthesized or manufactured outside the plant (for example, delta-8 or delta-10 made from CBD isolate)
Cannabinoids not capable of being naturally produced by Cannabis sativa L. (such as some forms of HHC)
“Intermediate” hemp-derived cannabinoid mixtures that are marketed or sold directly to consumers
After the one-year window, they are treated like illegal cannabis under federal law.
This targets the conversion-based delta-8/delta-10/HHC market, rather than hemp grown for fiber, grain, or seed, which remains legal under the Farm Bill framework.
3. Federal cannabinoid lists
Within 90 days of enactment, federal agencies (including FDA) are directed to publish lists of:
Cannabinoids known to be naturally produced by the plant
THC-class cannabinoids
Cannabinoids with effects similar to THC or marketed as such
These lists will provide a formal reference for which cannabinoids are considered acceptable in hemp products and which fall outside the legal definition.
4. One-year implementation period
The law provides a 365-day delayed enforcement period. During this time:
Businesses may continue to sell existing products under current rules, subject to applicable state law.
Manufacturers, retailers, and distributors can adjust product lines, contracts, and labeling.
Industry groups and legislators may attempt to modify or clarify the law before the effective date in November 2026.
Broader Policy Discussion: Where Some Experts Think This Should Go
The new hemp rules sit inside a larger national discussion about how cannabis and cannabinoids should be regulated overall.
One perspective, articulated by Dr. Peter Grinspoon, is that the most straightforward long-term approach would be to resolve cannabis’s federal status directly:
“The best way forward would be full federal legalization, and full descheduling (under the Controlled Substances Act), of cannabis, so that medical patients have access and ‘adult’ users can enjoy it responsibly, without fear or stigma. In this scenario, no one would need these hemp-derived products, and we can all continue safely using the natural medicinal plant that we have used for 5000 years.”
This view emphasizes a shift from managing a series of hemp-specific exceptions toward a single, consistent framework for cannabis and its derivatives.
From the government’s perspective, the stated goals of this change are relatively straightforward:
Reduce youth access to intoxicating hemp products that have been widely available in gas stations, smoke shops, and online with inconsistent age checks.
Align intoxicating cannabinoids with existing cannabis rules, so products with psychoactive effects are sold through more tightly regulated channels.
Address safety and quality concerns raised by state regulators and public health officials about conversion-based cannabinoids that may contain residual solvents or byproducts and are not always tested to the same standards as state-legal cannabis.
Supporters see the new hemp rules as a way to close gaps in the 2018 Farm Bill, while critics argue that a clearer regulatory framework—rather than effectively removing many of these products from the legal hemp category—would better balance access and safety.
Note for Florida Medical Cannabis Patients
For patients enrolled in Florida’s medical marijuana program, the current understanding from legal and clinical sources is:
The new federal hemp law does not change the legal status of marijuana under federal law (it remains Schedule I) and does not directly modify Florida’s state medical cannabis system.
Florida’s medical cannabis products are marijuana-derived, dispensed through licensed Medical Marijuana Treatment Centers (MMTCs), and are regulated under state law and the Florida Constitution (Amendment 2).
As of now, Florida medical marijuana patients can continue to access their dispensary products as before. The main changes are expected in the hemp-derived market (gummies, vapes, drinks, and some CBD products) sold outside the medical program.
Patients who currently rely on hemp-derived products for symptom relief may want to:
Review product composition and THC content
Monitor how manufacturers and retailers respond over the coming year
Discuss alternative options with a qualified clinician, especially if they live in a state with an existing medical cannabis program
The new hemp rules include a one-year phase-in period, and both the industry and lawmakers are already discussing possible amendments, clarifications, and legal challenges. The details of implementation may change over the next 12 months, so this summary reflects the law as written today, November 2025, not how it may look after further rulemaking or court decisions.