WASHINGTON – A provision tucked inside the government funding bill President Donald Trump signed to reopen the federal government will dramatically reshape the THC marketplace — effectively making many popular THC products illegal.
Beginning Nov. 13, 2026, it will be a federal crime to sell THC-infused products that contain:
- Cannabinoids synthesized or manufactured outside the plant, such as delta-8 THC
- Cannabinoids that cannot naturally occur in the plant, like HHC
- More than 0.3% total THC (including THCA) or other intoxicating cannabinoids
- More than 0.4 milligrams of total THC per container
So what’s next? The FDA now has 90 days to publish an official list of natural and synthetic cannabinoids, as well as define what constitutes a “container.” The restrictions do not begin immediately. A one-year delay gives Congress time to revisit the law and potentially refine the regulations before they take full effect.
According to The Hill, the hemp industry is now regrouping and preparing for a major lobbying effort. Whitney Economics, a hemp and cannabis research firm, is already stating that more than 300,000 jobs could be affected — from farmers and extractors to manufacturers, distributors and retailers.
As Emily’s Hope has reported, the change is aimed at closing what many see as a loophole in the 2018 Farm Bill — also signed by Trump — which legalized industrial hemp. That bill defined hemp as cannabis containing less than 0.3% THC, but it did not account for chemically altered cannabinoids. Manufacturers used that gap to legally produce and sell intoxicating products like delta-8 gummies, drinks and vapes nationwide, even in states where marijuana remains illegal.
Because of the loophole, some states, including South Dakota, have already passed their own bans on chemically modified hemp.
Supporters of the new rules say they will reduce youth access and addiction and prevent hospitalizations linked to high-potency THC products.
