Nationwide Hemp THC Ban: What the New Law Will and Won’t Do

Tucked into the massive appropriations package, the hemp language is the most sweeping federal change to hemp policy since the 2018 Farm Bill and is already being described by industry groups as an existential threat to a $20-plus billion market that employs hundreds of thousands.

At the same time, the new law is at least slightly narrower than some of the “hemp ban” headlines suggest. It does not outlaw hemp as a crop, does not prohibit industrial products like hemp rope or textiles, and does not touch state medical or recreational marijuana programs. Instead, it targets how federal law defines “legal hemp” and sets ultra-low THC caps for consumer products, reclassifying most current hemp-derived ingestibles as illegal marijuana under federal law.

The law replaces the former 0.3% delta-9 THC limit with a new “total THC” definition that now counts THCa and other THC isomers. It also adds broad language covering cannabinoids that have effects similar to THC or are marketed that way. The measure further establishes a strict 0.4 milligram total THC limit for any finished hemp product sold to consumers, applying to the entire container, not per serving.

The law also bans cannabinoids created through chemical conversion, effectively targeting delta-8, delta-10, HHC and other semi-synthetic compounds that grew rapidly after 2018. Once the law takes effect, any product that exceeds the new limits or contains converted cannabinoids will be treated as federally illegal marijuana.

The federal changes reach far beyond intoxicating hemp products. The 0.4 mg cap is so low that more than 90% of existing hemp-derived ingestibles—gummies, beverages, tinctures, vapes and many full-spectrum CBD products—will fall outside the definition of hemp. Even products that are not intended to intoxicate often contain more than 0.4 mg THC per bottle, meaning most full-spectrum CBD formulas will no longer qualify as legal hemp.

High-THCa flower, pre-rolls and nearly all hemp-derived THC beverages will also be effectively eliminated under the new definition. Because many of these products have been sold in gas stations, liquor stores and online retailers with few restrictions, the law is expected to dramatically shrink the category once the transition period ends.

Despite its broad reach, the law does not criminalize hemp as a crop and does not affect industrial hemp products. Items such as hemp rope, textiles, grain, hempcrete and seed-oil goods remain legal because they contain negligible THC.

The law also does not ban CBD itself. CBD isolate products, and any CBD formulation that contains no more than 0.4 mg THC in the entire package, can remain federally legal. However, keeping full-spectrum products compliant under that limit will be extremely difficult.

Importantly, the law does not change anything about state medical or recreational marijuana programs. It does not interfere with state possession limits, sales rules, dispensary operations or licensed cultivation. State marijuana systems will continue operating exactly as they have been, and many analysts believe the crackdown on hemp-derived THC could drive more activity into regulated marijuana markets.

The law includes a one-year transition period before the new definitions and limits apply. During that time, federal agencies must publish lists of cannabinoids naturally produced by the hemp plant and lists of tetrahydrocannabinol-class molecules. These classifications will determine which compounds are treated as synthetic or out of bounds going forward.

Hemp trade groups reacted sharply, warning that the new limits will destroy much of the industry and eliminate thousands of jobs. They argue that Congress intended hemp to include full-spectrum products when it passed the 2018 Farm Bill, and they view the new definitions as a reversal that was pushed through without proper debate.

Senator Rand Paul in the Senate and Thomas Massie in the House attempted to remove the hemp provision during negotiations but were unsuccessful. With the law now in place, industry groups are preparing litigation and lobbying campaigns. Their goal is to persuade Congress to revise or replace the new language in the next Farm Bill, now expected in 2026.

The newly enacted definition draws a sharp federal distinction between hemp-derived THC products and marijuana sold in state-regulated systems. It eliminates the interstate loophole that allowed intoxicating hemp products to flourish while still leaving room for industrial hemp and ultra-low-THC CBD items.

Whether the ban becomes permanent depends on the next year. Courts may weigh in, regulators may interpret portions of the law narrowly or broadly, and Congress will face intense industry pressure during the 2026 Farm Bill process. What is clear now is that the hemp-derived THC market must either radically transform or prepare for federal prohibition once the one-year clock expires.