Takeaways

• Congress has delayed many of the new federal restrictions on hemp-derived THC products from November 12 to December 11, 2026, following enactment of H.R. 6500.
• The delay does not appear to apply uniformly, meaning some cannabinoid products could face changes in federal treatment beginning November 12, 2026.
• The new definition also targets hemp-derived cannabinoid products involving cannabinoids synthesized or manufactured outside the cannabis plant, potentially affecting many products currently sold nationwide.

Last week, as part of a continuing resolution to extend the federal budget until after the election, Congress voted to delay implementation of substantial changes concerning hemp until December 11, 2026. The “CR” was promptly signed into law by President Trump.

The CR does not make any substantive changes to the budget bill that ended the federal government shutdown last fall, and that included provisions to dramatically alter provisions of the 2018 Farm Bill surrounding intoxicating hemp-derived cannabinoid products. In an answer to the proliferation of intoxicating hemp-derived products that have flooded the market, Congress made significant changes to the definition of hemp:

• Re-defining hemp as cannabis with less than 0.3% total tetrahydrocannabinol concentration (including THCA)—as opposed to just focusing on Delta-9 THC concentration;
• Excluding from the definition of “hemp” any cannabinoids that are not capable of being naturally produced in the plant, AND any cannabinoids that were synthesized or manufactured outside the plant; and
• Setting a maximum limit of 0.4mg of total THC (or THCA) per container for a product to meet the definition of “hemp.”

These changes were set to take effect on November 12, 2026, and would have upended the hemp industry that has exploded across the country in the wake of the 2018 Farm Bill. Most hemp-derived cannabinoid products are manufactured by way of converting CBD into another cannabinoid, such as Delta-9 THC, Delta-8 THC, etc., through a chemical reaction. The changes to the definition of hemp would have eliminated these products from falling within the definition of “hemp”—meaning that they would either fit within the definition of marihuana or as synthetic cannabinoids under the CSA.

Now that the deadline has been extended to December 11, 2026, what comes next is anyone’s guess. The Trump Administration has said that there will be no further extensions beyond this one. The hemp industry is actively lobbying for Congress to enact comprehensive regulatory reform in lieu of the Hemp THC Product Ban going into effect. The marijuana industry broadly has opposed any delay to the implementation of the Hemp THC Product Ban. Similarly, a bipartisan coalition of 35 state and territory attorneys general has implored Congress not to deviate from the planned implementation of the Hemp THC Product Ban. We will continue following the legislative developments and share them as they occur.