September 1, 2025
Hemp regulations are evolving rapidly in 2025 as federal and state policymakers move to address the gray market for intoxicating hemp (e.g., delta-8 THC, delta-10, THCP, and high-THCA flower marketed as “hemp”). This roundup highlights the most consequential developments affecting cannabis compliance, retail operations, manufacturing, and investment risk across the U.S., and clarifies what’s on deck for the next federal cycle.
This article is informational only and not legal advice. Always confirm requirements with the relevant regulator before acting.
A new Congressional Research Service brief describes House and Senate proposals in the FY2026 agriculture appropriations process that would amend the 2018 Farm Bill’s hemp definition and clarify which products qualify under the Domestic Hemp Production Program. If enacted, these provisions could curtail products that derive intoxicating THC from hemp or exploit the THCA “loophole.” See CRS, “Hemp Restrictions in FY2026 Agriculture Appropriations.”
The U.S. Food and Drug Administration continues issuing warning letters to firms marketing CBD and other cannabinoids with unapproved disease-treatment claims or selling products that violate the Food, Drug, and Cosmetic Act. These actions don’t resolve hemp’s status as a dietary ingredient, but they reinforce a steady enforcement signal around claims, safety substantiation, and packaging/labeling accuracy.
States continue to align with USDA oversight for cultivation. For example, Ohio has announced that hemp growers will move under USDA licensing on January 1, 2026, with state cultivation licenses voided at that time.
State regulators are tightening age gates, serving-size caps, ingredient restrictions, and testing standards for hemp-derived consumables. Several have taken direct aim at synthetically produced intoxicants.
In September 2024, the California Department of Public Health’s emergency regulations for industrial hemp products took effect, focusing on serving size, age restrictions (21+), and packaging/labeling designed to reduce youth appeal and clarify dosing. CDPH emphasized consumer safety and products’ THC content management in foods, beverages, and dietary supplements.
On August 1, 2025, the New Mexico Environment Department (NMED) issued an emergency amendment to 20.10.2 NMAC that bans the manufacture of synthesized cannabinoids in hemp finished products (e.g., man‑made delta‑8 THC) within the state. The rule targets safety concerns tied to unregulated conversion processes and contaminants.
Louisiana’s Department of Health (LDH) clarifies that—except for floral hemp material—“no consumable hemp product may contain more than 8 milligrams of THC per serving.” LDH also maintains detailed COA and labeling requirements for hemp consumables (including THC-per-serving disclosures where applicable).
Minnesota’s Office of Cannabis Management (OCM) oversees both adult-use cannabis and lower‑potency hemp edibles. OCM has published compliance testing expectations and continues to build the licensing framework that will ultimately integrate hemp-derived edible manufacturing and retail into a more uniform system alongside adult-use.
Texas lawmakers debated sweeping restrictions on hemp-derived THC in 2025, including efforts to prohibit or significantly curtail sales of intoxicating hemp. As of late August 2025, proposals stalled in the House; reporters note that hemp-derived THC remains legal under existing law, though state agencies signal stepped-up enforcement of current restrictions (e.g., manufacturing standards, age sales, and labeling).
Regardless of jurisdiction, the following themes dominate 2025 hemp compliance:
September 2024 (California): CDPH emergency industrial hemp rules approved, addressing serving size, age 21+, and packaging/labeling. Ongoing enforcement through 2025.
Source: https://www.cdph.ca.gov/Programs/OLS/Pages/DPH-24-005E-Emergency-Regulations-for-Industrial-Hemp.aspx
August 2025 (New Mexico): NMED emergency rule in effect, banning manufacture of synthesized cannabinoids in hemp finished products. Watch for permanence or replacement rulemaking.
Source: https://www.env.nm.gov/cannabis-hemp/hemp-emergency-rule/
2025 (Texas): THC ban proposals stalled as of late August 2025, but agencies signal more rigorous enforcement of existing standards. Businesses should monitor special sessions and agency guidance.
Source: https://www.texastribune.org/2025/08/29/texas-thc-hemp-marijuana-ban/
January 1, 2026 (Ohio): Hemp cultivation licensing transitions to USDA; existing state cultivation licenses void.
Source: https://farmoffice.osu.edu/blog-tags/hemp
FY2026 federal appropriations: Provisions under debate would narrow hemp’s definition to curb intoxicating products and clarify federal program scope. Track Congressional movement and final text before making structural changes.
Source: https://www.congress.gov/crs-product/IN12565
Use this checklist to stress‑test operations against current 2025 expectations. Tailor to your state’s rules.
Licensing/Registration
Confirm state requirements for manufacturing, distribution, and retail of hemp consumables (and, in Minnesota, lower‑potency hemp edibles under OCM oversight).
For Ohio growers, calendar the USDA transition for 2026.
Formulation & Potency
Validate per‑serving and per‑package THC caps with current state rules (e.g., LA’s 8 mg THC/serving for consumables).
Confirm product categories allowed (food, beverage, dietary supplements) and any prohibited cannabinoid forms (e.g., synthetic conversions in NM).
Testing & COAs
Maintain batch COAs with full panel results where required; ensure COAs are easily retrievable and match lot numbers.
Vet labs for appropriate accreditation and method validation for total THC calculations.
Labeling & Packaging
Include accurate cannabinoid content per serving and per package, required warnings, and manufacturer info.
Avoid youth‑appealing designs; comply with child‑resistant packaging rules and universal symbols where required.
Retail Controls
Enforce 21+ age verification across brick‑and‑mortar and e‑commerce.
Implement inventory holds for questionable products pending COA or regulatory clarity.
Claims & Marketing
Remove disease/therapeutic claims; train staff on compliant language.
Monitor FDA warning letters to understand current hot‑button issues.
Supply Chain
Require disclosures from suppliers on cannabinoid origin and processing (particularly for delta‑8/delta‑10 products).
Contractually obligate compliance with current state bans or limits (e.g., NM synthetic manufacturing restrictions).
Federal definition risk: If FY2026 appropriations narrow hemp’s definition to exclude intoxicating hemp products or THCA‑heavy items, expect significant SKU rationalization and reformulation. Build scenarios for ingredient substitutions and target state‑by‑state rollouts.
State synthesis bans and potency caps: Manufacturers should plan for a growing map of jurisdictions that disallow synthetically converted cannabinoids and impose strict per‑serving THC limits. Invest in analytical method development and internal QC to reduce failed lots and recalls.
Retail channel adaptation: The dispensary rollout of adult-use cannabis in new markets is putting hemp retailers in closer regulatory orbit with cannabis shops. Expect age‑gating parity, compliant merchandising, and possible retail licensing for hemp edibles in more states.
Claims liability: FDA and state AGs continue to scrutinize child‑appealing products and aggressive health claims. Update label review SOPs and maintain a claims substantiation file.
State and federal shifts are converging on a clearer policy goal: keep intoxicating hemp away from minors, require robust testing and transparent labeling, and close loopholes that undermine adult‑use cannabis frameworks. Operators who invest early in potency controls, synthetic‑free supply chains, rigorous COA management, and age‑gated retail protocols will be best positioned no matter how Congress resolves hemp’s definition.
Need help pressure‑testing your product portfolio or standing up SOPs that meet multi‑state rules? Visit https://cannabisregulations.ai for expert tools, regulatory trackers, and compliance workflows tailored to hemp and cannabis businesses.
