Federal Hemp Rules 2026: What Changes on November 12 and December 11
Federal hemp law changes in two steps. On November 12, 2026, hemp products that contain cannabinoids the cannabis plant cannot naturally produce lose federal hemp status. On December 11, 2026, the rest of the new definition applies: a total-THC test that counts THCA, a 0.4 milligram total THC cap per container on final products, and the exclusion of cannabinoids made outside the plant.
Products with cannabinoids the plant cannot naturally produce are no longer hemp.
Total THC test, 0.4 mg per container cap, converted cannabinoids excluded.
What changes on November 12, 2026
Public Law 119-37, signed November 12, 2025, rewrote the federal hemp definition in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o). Section 781 of its division B set the new definition to apply 365 days after enactment, which is November 12, 2026.
Public Law 119-103, signed September 2, 2026, narrowed what applies on that date. Under section 2019 of its division B, until December 11, 2026 the section 781 amendments reach only intermediate and final hemp-derived cannabinoid products that contain cannabinoids "not capable of being naturally produced" by a Cannabis sativa L. plant. Those are paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I) of the amended definition.
From November 12, those products are not hemp under federal law. The Congressional Research Service notes that they are then treated as controlled substances to the extent they meet the Controlled Substances Act definitions of marijuana or THC. CRS gives THC-O acetate as an example of a cannabinoid that does not occur naturally in the plant.
There is no federal list to check yet. Section 781 required FDA to publish, within 90 days of enactment, lists of the cannabinoids the plant can naturally produce and of the THC-class cannabinoids that occur in it. That deadline was February 10, 2026. As of November 7, 2026, no such list appears in the Federal Register.
HHC is the open question. The statute does not name it, and FDA has not classified it. HHC loses federal hemp status by December 11, 2026 at the latest, or from November 12, 2026 if it is treated as a cannabinoid the plant cannot naturally produce. Separately, DEA's final rule of May 4, 2026 lists hexahydrocannabinol in schedule I and states that THC made by chemical conversion, even from hemp, counts as synthetic (91 FR 23913).
What changes on December 11, 2026
Everything else in section 781 takes effect on December 11, 2026.
| Rule | What it means | Where in 7 U.S.C. 1639o(1), as amended |
|---|---|---|
| Total THC test | Hemp is measured by total THC, including THCA, at no more than 0.3 percent on a dry weight basis. The delta-9-only test ends. | (A) |
| Final products: 0.4 mg cap | A final hemp-derived cannabinoid product with more than 0.4 mg combined total THC (and similar-effect cannabinoids) per container is not hemp. The container is the innermost package in direct contact with the product. | (C)(iv)(III); container in new (3)(C) |
| Converted cannabinoids excluded | Products with cannabinoids the plant can produce but that were synthesized or manufactured outside the plant are not hemp. This covers CBD-converted delta-8 and delta-10. | (C)(ii)(II), (C)(iv)(II) |
| Intermediate products: 0.3 percent | An intermediate product with more than 0.3 percent combined total THC is not hemp. The 0.4 mg cap applies to final products only. | (C)(ii)(III) |
| Intermediates sold to consumers | An intermediate product marketed or sold as a final product, or to an end consumer, is not hemp. | (C)(iii) |
| Seeds | Viable seeds from a plant over 0.3 percent total THC are not hemp. | (C)(i) |
| Industrial hemp | Hemp grown for stalk, fiber, grain, oil and other non-cannabinoid uses is named in the definition. | (B) and new (2) |
Total THC is the same formula USDA already uses for pre-harvest tests: delta-9 THC plus 0.877 times THCA (7 CFR 990.1).
December 11 is also the day the stopgap funding in Public Law 119-103 runs out (division A, section 106(3)). The next funding bill is the likely vehicle for any further change to the hemp dates. Our federal action page tracks the change as it moves.
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Become a memberWhich date applies to your product
| Product or cannabinoid | Federal date | Why |
|---|---|---|
| THC-O acetate and other cannabinoids the plant cannot make | November 12, 2026 | Not capable of being naturally produced, (C)(ii)(I) and (C)(iv)(I) |
| HHC | November 12, 2026 if treated as not naturally producible; December 11, 2026 at the latest | Not classified by FDA; DEA lists it in schedule I (91 FR 23913) |
| CBD-converted delta-8 and delta-10 | December 11, 2026 | Synthesized or manufactured outside the plant, (C)(ii)(II) and (C)(iv)(II) |
| THCA flower | December 11, 2026 | Total THC test counts THCA, (A) |
| Delta-9 gummies and drinks | December 11, 2026 | 0.4 mg total THC per container on final products, (C)(iv)(III) |
| Full-spectrum CBD | December 11, 2026 | The 0.4 mg cap counts every milligram of THC in the container |
| Distillate, isolate and other intermediates | December 11, 2026 | 0.3 percent combined total, and no sales as a final product or to consumers, (C)(ii)(III) and (C)(iii) |
State law can set an earlier date for any of these. Check the state table below.
What stays the same
- The substance of section 781. Section 2019 changes when the rules apply, not what they say.
- The 2018 definition, until December 11. For products without lab-made cannabinoids, the 0.3 percent delta-9 THC dry weight test still governs through December 10, 2026.
- State law. Each state's own hemp and cannabis rules apply on their own dates. A state statute that names November 12 keeps November 12.
- Hemp for fiber and grain. It stays hemp, and the new definition names it industrial hemp.
States with their own hemp dates
Federal dates set the floor. These states wrote their own dates into law. Each row links to the state page and its primary source.
| State | State date | What changes | Law | Checked |
|---|---|---|---|---|
| Missouri | November 12, 2026 | Hemp products with lab-made or converted cannabinoids, smokable THCA flower, and solid edibles with added delta-9 THC may be grown, made, tested, moved and sold only by licensed marijuana facilities. | RSMo 195.900.11(1), L. 2026 H.B. 2641 (revisor.mo.gov) | Nov 7, 2026 |
| Missouri | November 12, 2026, conditional | Other hemp-derived products, such as drinks: no sales to anyone under 21. Because Congress delayed the federal date, the licensing rule reaches them only while federal restrictions prohibit them. | RSMo 195.900.11(2) | Nov 7, 2026 |
| Illinois | November 12, 2026 | The Illinois Hemp Act replaces the Industrial Hemp Act. The Department of Agriculture says the state hemp definition follows the new federal definition from this date. | Public Act 104-0463 (SB 3222) (Illinois Department of Agriculture) | Nov 7, 2026 |
| New Jersey | November 13, 2026 | Selling or distributing intoxicating hemp beverages is prohibited. Hemp beverages over 0.4 mg total THC per container are treated as cannabis. | N.J.S.A. 2C:35-10g(a)(2), P.L.2025, c.215 as amended by P.L.2026, c.7 (njleg.gov; NJ CRC FAQ) | Nov 7, 2026 |
A federal lawsuit challenging Missouri's law is pending in the Western District of Missouri. Other states set hemp rules on their own earlier dates; this table lists only state dates in the federal window. Each state page has the full rules.
What to check now
This is a checklist of what the law changes, not advice for your business.
Operators and brands
- Sort every SKU by where its cannabinoids come from, not by product form.
- Get certificates of analysis that report total THC in milligrams per container, not only as a percentage.
- Keep documents showing each cannabinoid's plant origin. FDA has not published the list that would settle it.
- Date contracts, purchase orders and sell-through plans against December 11, 2026.
Retailers
- Find products with THC-O and other lab-made cannabinoids before November 12, 2026.
- Ask suppliers for total THC per container on every final product.
- Check your state's own date in the table above. It can come first.
Lawyers and compliance teams
- The operative text is short: section 2019 of division B of P.L. 119-103 and section 781 of division B of P.L. 119-37.
- "Container" and "naturally produced" still wait on FDA's overdue lists.
- State statutes that adopt 7 U.S.C. 1639o by reference may pick up the federal dates on their own.
Regulators
- Check whether your statute names its own date or follows the federal definition.
- Note which products move into the Controlled Substances Act on each date.
Latest federal and state regulatory actions
The newest actions from our regulatory feed. Full write-ups and impact reasoning are for members. See how we report.
Frequently asked questions
In two steps. On November 12, 2026, products with cannabinoids the cannabis plant cannot naturally produce stop being hemp under federal law. On December 11, 2026, the rest applies: the total-THC test, the 0.4 mg per container cap on final products and the exclusion of converted cannabinoids. Some states set their own dates.
The federal change redefines hemp. It does not change how states license marijuana dispensaries, whose products are already regulated as marijuana under state law. It mainly reaches hemp-derived THC products sold outside those programs, such as in smoke shops, convenience stores and online. Some states go further: from November 12, 2026, Missouri allows several hemp product types to be sold only through licensed marijuana facilities (RSMo 195.900).
Yes. The federal hemp definition applies in every state, including states with legal adult-use cannabis. A hemp-derived product that fails the new definition is not hemp under federal law anywhere, whatever a state program allows. State marijuana programs keep running under state law.
Not as of November 7, 2026. Bills to delay the definition by two more years (H.R. 7024, H.R. 7010 and S. 3686) and to repeal it (H.R. 6209) have not passed. Federal stopgap funding also runs out on December 11, 2026, so the next funding bill could carry a change.
From December 11, 2026, THCA counts toward the 0.3 percent total THC limit, so THCA flower above that limit is not hemp under federal law. USDA's formula is delta-9 THC plus 0.877 times THCA. Several states already restrict THCA under their own laws.
Yes. Congress enacted it as section 781 of division B of Public Law 119-37, signed November 12, 2025. Public Law 119-103, signed September 2, 2026, delayed most of it to December 11, 2026.
Yes, from December 11, 2026, for many products. A final CBD product with more than 0.4 mg of total THC per container is not hemp under federal law. Full-spectrum products are most exposed. CBD isolate with no detectable THC is not caught by the cap.
Sources
Checked November 7, 2026. Primary sources only.
Regulatory journalism, not legal advice. CannabisRegulations.ai reports what the law says on the date checked; it does not advise on any business or product. Laws and enforcement change often. For a decision about your products, talk to a licensed attorney in your state. Our lawyer directory lists attorneys; listings are not endorsements.
Checked November 7, 2026 against the sources above.