What is the federal hemp ban?
It’s section 781 of Public Law 119-37, signed on November 12, 2025. It rewrites the federal definition of hemp. Anything that no longer fits the new definition stops being hemp and falls back under federal marijuana law.
The law gave the industry one year. Then in September 2026 Congress passed H.R. 6500, a funding bill, and section 2019 of it pushed most of the change back to December 11, 2026.
When does the federal hemp ban start, and what changes on each date?
| Date | What happens |
|---|---|
| November 12, 2026 | Products with cannabinoids the plant can’t make at all, such as THC-O, lose hemp status |
| December 11, 2026 | Everything else in the new definition starts: total THC, the 0.4 mg cap, converted cannabinoids like delta-8 |
The split comes straight from the bill. Until December 11 the new rules apply only to the “not capable of being naturally produced” products. Delta-8 does occur in the plant in tiny amounts, so most legal readings put converted delta-8 in the later group.
What counts as hemp after December 11?
Three tests, and a product has to pass all of them:
- 0.3% total THC by dry weight. Total THC now includes THCA, not just delta-9. Total THC = delta-9 + (0.877 × THCA).
- 0.4 mg total THC per container for finished products. Per container, not per serving.
- No synthesized cannabinoids. Cannabinoids made or converted outside the plant are out.
Which products does it hit?
| Product | After December 11 |
|---|---|
| CBD isolate (THC not detected) | Usually fine |
| Broad-spectrum CBD | Usually fine. Check the lab report for trace THC |
| Full-spectrum CBD | Many bottles fail. A 30 ml oil at 0.2% delta-9 holds about 55 mg THC |
| Hemp delta-9 gummies and drinks | Fail. One 5 mg gummy is already over the cap |
| THCA flower | Most fail, because THCA now counts toward total THC |
| Delta-8 made from CBD | Loses hemp status |
| THC-O | Loses hemp status on November 12 |
Not sure about your bottle? Put the numbers from its lab report into our total THC calculator.
Does this change my state’s law?
No. The federal definition sets a floor. States can be stricter, and many already are. Texas banned hemp vapes in 2025, ended smokable hemp sales in March 2026 and put delta-8 and THCA on Schedule I in July 2026. See Texas CBD law, or pick your state on the map.
What about the FDA?
This law doesn’t change the FDA’s position. The FDA still says CBD can’t be added to food or sold as a dietary supplement across state lines, and Epidiolex is still the only FDA-approved CBD drug.