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Compliance hub · Federal & state hemp law

Hemp law,
on the record.

The federal hemp redefinition, the delay Congress passed in September, the bills that could change it again, and where each state stands. Every line links to the bill, statute or agency source.

LAST REVIEWED November 9, 2026FEDERAL STATUS Partial effect Nov 12 · Full effect Dec 11, 2026COVERAGE Federal + 50 states
Two dates matter.On November 12, 2026, products containing cannabinoids the plant cannot naturally produce fall outside the federal definition of hemp. The rest of the new definition, including the 0.4 mg total THC per container limit, takes effect on December 11, 2026 unless Congress acts again. State laws apply on their own timelines.
Federal timeline

How we got here.

Congress rewrote the 2018 Farm Bill’s hemp definition in a November 2025 spending law, then pushed most of it back by a month in September 2026.

Nov 12, 2025Pub. L. 119-37, Div. B, §781 enacted. It rewrites the hemp definition at 7 U.S.C. §1639o.
Feb 10, 2026FDA’s cannabinoid lists and its “container” guidance were due (90 days after enactment). As of Oct 28, 2026, none had been published.
Sept 2026H.R. 6500 (Pub. L. 119-103) delays most of §781 to December 11, 2026.
Nov 12, 2026The exclusion for cannabinoids “not capable of being naturally produced” by the plant takes effect.
Dec 11, 2026Total-THC definition, 0.4 mg per container cap and intermediate-product limits take effect.
The federal language

What the new definition says.

Hemp is redefined using total THC (including THCA), not delta-9 alone. The definition also covers “industrial hemp” grown for fiber, grain, seed oil and other non-cannabinoid uses. It then excludes:

  • Hemp-derived cannabinoid products containing cannabinoids “not capable of being naturally produced by a Cannabis sativa L. plant.”
  • Products containing naturally occurring cannabinoids that were synthesized or manufactured outside the plant.
  • Intermediate products above 0.3% total THC (and other cannabinoids with similar effects).
  • Final products with more than 0.4 milligrams combined total THC and similar cannabinoids per container.
  • Viable seeds from plants above 0.3% total THC.
PRIMARY TEXTRead the amended definition as codified: 7 U.S.C. §1639o and statutory note (uscode.house.gov).
THE DELAYH.R. 6500, the Continuing Appropriations and Extensions Act, 2027 (Pub. L. 119-103). Summaries: Kight Law · Akerman · Vicente LLP
WHAT IS STILL OPENFDA has not published the required lists of naturally occurring cannabinoids, THC-class cannabinoids, cannabinoids with “similar effects,” or a definition of “container.” Those lists will decide how many minor cannabinoids are affected.
Pending in Congress

Bills that could change it again.

As listed by the Congressional Research Service. Introduction is not passage; most have not moved past committee.

H.R. 9830 · Lawful Hemp Protection Act

1% total THC + federal framework

Barr (R-KY) and Craig (D-MN), introduced July 22, 2026. 1% total THC, 21+ sales, FDA cannabinoid caps, a three-tier beverage system and taxes. Coverage · April draft (PDF)

H.R. 7010 · H.R. 7024 · S. 3686

Two-year delay

Would push the new definition’s effective date back two more years. H.R. 7010 text (congress.gov) · H.R. 7024

H.R. 6209

Repeal

Would repeal the §781 changes and restore the 2018 Farm Bill definition. Listed in CRS LSB11496.

S. 4315

Defer to the states

Would defer to state definitions of hemp. Listed in CRS IF13136.

S. 2112 · H.R. 7212 · H.R. 10079 · S. 3474

Higher limits or a regulatory framework

S. 2112 would allow up to 1% delta-9 THC; the others would create federal frameworks for hemp-derived cannabinoid products. CRS IF13136

H.R. 7567 · Farm, Food, and National Security Act of 2026

House farm bill

As passed by the House: total-THC testing and production plans that separate industrial hemp. Barr hemp amendment (PDF)

What it means

Analysis from attorneys and the trade press.

Commentary and interpretation, not law. Read it alongside the primary text, and talk to your own counsel.

State by state

Where each state stands.

Each state’s treatment of intoxicating hemp-derived products (delta-8, delta-9 edibles, THCA and similar). Non-intoxicating hemp, CBD and fiber are generally treated differently. Federal changes apply on top of state law.

RESTRICTED Banned, or sold only through licensed cannabisREGULATED Legal with state limits (age, THC caps, licensing)FEW LIMITS Little state-level restriction
StateStatusKey law & latest actionSources
AlabamaREGULATEDHB 445 (2025) moved consumable hemp under the ABC Board, banned smokable hemp and capped THC; the new regulatory system began Jan 1, 2026.Burr & FormanAlabama Reporter
AlaskaRESTRICTEDIntoxicating hemp products limited to licensed marijuana retailers; a court upheld the rules in 2025. SB 208 (2026) updated the hemp program.Alaska Public MediaSB 208 coverage
ArizonaRESTRICTEDAttorney General Opinion I24-005: delta-8 and other intoxicating hemp products may be sold only by licensed marijuana establishments.AG Opinion I24-005 (PDF)Foley Hoag
ArkansasRESTRICTEDAct 629 of 2023 (SB 358) bans delta-8 and similar products; the Eighth Circuit allowed enforcement in 2025.NORMLMJBizDaily
CaliforniaRESTRICTEDAB 8 (2025) moves intoxicating hemp products into the licensed cannabis system and sets limits for the remaining hemp market.Governor’s officeCA Dept. of Cannabis Control
ColoradoREGULATEDSB23-271 restricts intoxicating hemp products and set up their regulation; 2026 follow-up bills died.SB23-271 (leg.colorado.gov)
ConnecticutREGULATEDPublic Act 26-8 (HB 5350, 2026) updates the state’s hemp and cannabis rules, building on PA 23-79.Public Act 26-8 (PDF)Shipman & Goodwin
DelawareRESTRICTEDStatus contested; intoxicating hemp largely limited, with 2026 bills (HB 373 and others) moving.State policy update
FloridaFEW LIMITSHemp extract sold under Fla. Stat. 581.217 (21+, packaging and labeling rules). 2026 THC-cap bills (HB 1409 / SB 1368) died.HB 1409 (2026)
GeorgiaREGULATEDSB 494 (2024): 21+ sales, per-serving limits, retail location rules; Dept. of Agriculture rules followed.SB 494 (signed)GA Dept. of Agriculture
HawaiiREGULATEDInterim Health Dept. rules govern hemp products; status partly unclear. A 2026 bill (SB 3275) died.State policy update
IdahoRESTRICTEDZero-THC retail standard; H 879 (2026) amended hemp law.H 879 (2026)
IllinoisREGULATEDNew Hemp Act signed in 2026: licensing, 21+ sales and THC limits for intoxicating hemp products.Governor’s officeIL Dept. of Agriculture overview (PDF)
IndianaFEW LIMITSSmokable hemp restrictions; attempts to ban intoxicating hemp failed again in 2026.Indiana Capital Chronicle
IowaREGULATEDHF 2605 (2024): per-serving and per-container THC caps and 21+ sales.HF 2605 (legis.iowa.gov)Consumable hemp rules
KansasREGULATEDHemp program under K.S.A. 2-3901 et seq.; the Attorney General has treated delta-8 as a controlled substance. Regulation bills died.Lawrence Journal-World
KentuckyREGULATEDHB 544 (2023) and state regulations set testing, labeling and 21+ sales for delta-8 and similar products.Cannabis Business Times
LouisianaREGULATEDAct 752 of 2024 (HB 952): per-serving THC caps, 21+ sales, product restrictions; amended 2025.HB 952 (legis.la.gov)
MaineREGULATEDLD 1920 (2025) set 21+ age limits and other rules for hemp THC products.Kight Law
MarylandRESTRICTEDIntoxicating hemp products only through licensed cannabis businesses; an appellate court upheld the restrictions in 2025.Foley Hoag
MassachusettsRESTRICTEDHemp-derived THC products barred outside the cannabis system; 2026 cannabis reform law (H.5350) signed April 2026.MA LegislatureVicente LLP
MichiganRESTRICTEDUnder Public Act 50 of 2021, hemp-derived THC (including delta-8) must go through the licensed cannabis system. Consumable hemp bills passed the Senate in Dec 2025 and are pending in the House.Michigan PublicSenate Fiscal Agency (PDF)
MinnesotaREGULATEDLicensed edibles, beverages and tinctures under Minn. Stat. ch. 342; 2026 Session Law ch. 123 (SF 4401) responds to the federal changes.2026 Session Law ch. 123MN Office of Cannabis Management
MississippiRESTRICTEDA June 2025 Attorney General opinion found intoxicating hemp products for ingestion unlawful; 2026 bills died.AG opinion (June 11, 2025)
MissouriRESTRICTEDHB 2641 (2026), signed April 2026, bans intoxicating hemp products; aligned to the federal timeline.HB 2641 summary (PDF)KBIA
MontanaRESTRICTEDHB 49 (2025) set tight per-serving caps that effectively end intoxicating hemp retail.HB 49 summary
NebraskaREGULATEDA governor’s executive order targets synthetic THC; in June 2026 the Dept. of Agriculture proposed banning THC in foods and beverages.Governor’s orderWOWT
NevadaRESTRICTEDSB 49 (2021): intoxicating hemp products sold through licensed cannabis channels.State policy update
New HampshireRESTRICTEDIntoxicating hemp barred under HB 611 (2023); SB 624 (2026) takes effect Jan 1, 2027.State policy update
New JerseyREGULATEDP.L. 2025 c.215 regulates intoxicating hemp; over-limit products require a cannabis license. CRC guidance updated April 2026.NJ Cannabis Regulatory CommissionDuane Morris
New MexicoREGULATEDNMED hemp rule effective Jan 28, 2026 requires permits and sets product standards.OSU Moritz state table
New YorkREGULATEDCannabinoid hemp licensed by the Office of Cannabis Management (9 NYCRR Part 114); OCM issued guidance on the federal change.NY OCMOCM federal FAQ (PDF)
North CarolinaFEW LIMITSNo state framework for hemp THC products; HB 328 would align the state with the federal definition.MJBizDaily
North DakotaRESTRICTEDIntoxicating hemp products restricted since HB 1045 (2021), with later amendments.Cannabis Business Times
OhioRESTRICTEDSB 56 (eff. Mar 20, 2026) limits intoxicating hemp to dispensaries. A federal court enjoined parts of it for the named plaintiffs on Sept 4, 2026 (Delta Beverages v. Canepa).Kight LawKMK Law
OklahomaFEW LIMITSHemp products broadly sold under 63 O.S. 2-101 and the state hemp program; 2026 bills at an early stage.State policy update
OregonREGULATEDOLCC rules ban artificially derived cannabinoids in hemp products and require registration.OAR 845-025-1310OLCC guidance
PennsylvaniaFEW LIMITSNo comprehensive framework for hemp THC products; SB 49 (2025–26) pending.State policy update
Rhode IslandRESTRICTEDIntoxicating hemp under Cannabis Control Commission authority; legislature directed rules for hemp beverages (2025).Marijuana Herald
South CarolinaFEW LIMITSHemp THC products remain legal after 2026 regulation bills (including H 4759) failed in June 2026.SC Daily GazetteH 4759 text
South DakotaRESTRICTEDHB 1125 (eff. July 1, 2024) restricts intoxicating hemp products.State policy update
TennesseeREGULATEDHB 1376 / SB 1413 (2025) moved hemp-derived cannabinoids under ABC authority on Jan 1, 2026.Dickinson WrightTN rules summary
TexasREGULATEDSB 3 (2025) vetoed; executive order GA-56 led to 21+ rules, and TABC finalized hemp rules in Jan 2026.Texas TribuneTexas Policy Research
UtahRESTRICTEDIntoxicating hemp products prohibited; HB 469 (2026) amended the hemp program.HB 469 (le.utah.gov)
VermontRESTRICTEDSynthetic and intoxicating hemp cannabinoids restricted; 2026 hemp regulation bill S.323 considered.S.323 testimony (legislature.vermont.gov)
VirginiaRESTRICTEDFrom Aug 15, 2026: no more than 0.3% total THC and 2 mg total THC per package (HB 30 and SB 543, 2026). A federal lawsuit challenges it.Virginia MercuryVirginia Business
WashingtonRESTRICTEDHemp-derived THC largely confined to the licensed cannabis system; HB 2740 (2026) proposed further changes.HB 2740 (leg.wa.gov)
West VirginiaFEW LIMITSLimited state restrictions; SB 808 (2026) addressed hemp-derived cannabinoid products.SB 808 (wvlegislature.gov)
WisconsinFEW LIMITSNo state framework; 2026 bills proposed guardrails for intoxicating hemp.Foley Hoag
WyomingRESTRICTEDHB 267 (2025) restricts synthesized and intoxicating hemp cannabinoids.HB 267 digest (wyoleg.gov)

Showing all 50 states.

Statuses summarize each state’s approach as reported by the linked sources and the Ohio State Moritz College of Law table. Several states are in active litigation or mid-session. Confirm current law with the state agency or your counsel before you ship.

Our position

Regulate it. Don’t erase it.

Bona Voluntate supports clear federal rules: testing, labeling, age limits and real enforcement. The redefinition as written hurts legitimate, tested ingredient suppliers alongside the bad actors it targets. We’ll keep this page current as Congress, FDA and the states act. Every lot we ship carries a third-party certificate of analysis showing total THC, so your compliance team has what it needs.

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This page is general information, not legal advice, and Bona Voluntate is not a law firm. Laws change quickly; links to third-party sites are provided for reference, and their content is their own. Consult a licensed attorney about your specific products and markets.

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