The 2026 Hemp Ban: What Changes on November 12 and December 11
A federal law signed on November 12, 2025 rewrites the legal definition of hemp, and two dates matter. On November 12, 2026, cannabinoids made by chemical conversion or synthesis, such as delta-8 THC and HHC, lose their hemp status. On December 11, 2026, finished hemp products are limited to 0.4 mg of total THC per container, and THCA starts counting toward the THC limit. Most hemp THC gummies, THCA flower and many full spectrum products won't fit the new rules. CBD and CBG are not banned by name.
We make a full spectrum CBG gummy, so we've followed this closely. Here's what the law says, the dates in order, what it means for each kind of product, and how to check a product yourself. This is a plain-language summary, not legal advice, and the rules are still moving.
What the new law changes
Since the 2018 Farm Bill, "hemp" has meant cannabis with no more than 0.3% delta-9 THC by dry weight. That single number let a whole market grow: THC gummies and drinks made from hemp, THCA flower, and cannabinoids like delta-8 made by converting CBD in a lab. The new definition, in Section 781 of the federal funding law signed November 12, 2025, closes those routes in three ways:
- Total THC, not just delta-9. The 0.3% limit for the plant now counts THCA as well. THCA is the raw acid form that turns into THC when it's heated, so flower that passed the old delta-9 test can fail the new one.
- A per-container cap on finished products. A hemp product sold to consumers can hold no more than 0.4 milligrams of total THC per container, counting THC plus any other cannabinoids with similar effects. The law defines the container as the innermost package in direct contact with the product, so for gummies, that's the jar.
- No synthesized or converted cannabinoids. Cannabinoids the plant can't make naturally, or that are made outside the plant, are no longer hemp.
The law also told the FDA to publish lists of cannabinoids that count toward the cap. Those lists were due February 10, 2026, and according to the Hemp Law Group they still hadn't appeared as of October 19, 2026. The Congressional Research Service has a short summary of the new definition if you want the official version.
When does the hemp ban take effect?
The original law gave the industry a year, to November 12, 2026. On September 2, 2026, a second funding law (the Continuing Appropriations and Extensions Act, 2027) pushed most of the change back to December 11, 2026. One part was not delayed: the exclusion of synthetic and converted cannabinoids still starts on November 12.
Until those dates, the 2018 Farm Bill definition still applies. The White House has said the September extension is the last one it will support, so don't count on another.
What it means for each kind of hemp product
| Product | Under the 2018 rules | Under the new federal rules |
|---|---|---|
| Delta-8, HHC, THC-O and other converted cannabinoids | Sold as hemp | No longer hemp from November 12, 2026 |
| Hemp THC gummies and drinks (delta-9) | Legal if under 0.3% THC by weight | Over 0.4 mg total THC per container is no longer hemp, from December 11, 2026 |
| THCA flower and pre-rolls | Sold as hemp if delta-9 was under 0.3% | THCA counts toward the limit, so most won't qualify |
| Full spectrum CBD and CBG products | Legal if under 0.3% THC by weight | Legal only if the whole container holds 0.4 mg of total THC or less |
| Broad spectrum and isolate CBD | Legal | Usually fine on THC, but still subject to the cap and to state law |
The difference between full spectrum, broad spectrum and isolate matters more now than it used to, and we explain it in full spectrum vs broad spectrum vs isolate.
What 0.4 mg per container means in practice
It's a small number. Spread across a jar of 30 gummies, 0.4 mg works out to about 0.013 mg of THC per gummy. For comparison, a typical hemp THC gummy sold today carries 5 mg or more in a single piece, which is more than ten times the new limit for an entire jar.
That's why the change is being called a ban even though the word isn't in the law. Products sold for a THC effect can't fit under 0.4 mg per container. Products made for CBD or CBG, where THC is only a trace, can, but only if the maker keeps the total THC in the whole container under the cap and can show it.
To check a product, you need two numbers from its lab report: total THC per serving and the number of servings. Multiply them. If the lab reports THCA and delta-9 THC separately, total THC is delta-9 THC plus 0.877 times THCA, the same formula the USDA uses for hemp testing. Our guide on how to read a certificate of analysis walks through it step by step.
Are CBD gummies still legal?
Yes, as long as they meet the new definition. CBD isn't named in the ban. A CBD gummy that stays at or under 0.4 mg of total THC per container is still hemp under federal law after December 11, 2026. A full spectrum gummy with more THC than that is not.
Two things haven't changed. The FDA still hasn't approved CBD as a dietary supplement ingredient, so hemp products are sold under hemp law rather than supplement law. And states can set stricter rules than the federal ones. Some already restrict or ban certain hemp products, which is why we can't ship ours to Idaho, Kansas or Nebraska. Check your own state before you buy.
Is THCA banned?
THCA itself isn't named, but from December 11, 2026 it counts toward total THC. THCA flower is sold because it's high in THCA and low in delta-9, and under a total THC standard most of it is over the 0.3% limit for the plant and far over the 0.4 mg cap for a finished product. In practice, most THCA products as they're sold today won't qualify as hemp.
Could the rules change again?
Possibly. As of October 19, 2026, several bills were sitting in committee: the Lawful Hemp Protection Act (H.R. 9830) would regulate hemp products for adults 21 and over instead of banning them, other bills would delay the change to 2028, and one would repeal it. None had passed. Until something does, plan around November 12 and December 11, 2026.
How to check a hemp product yourself
- Ask for the lab report, called a certificate of analysis or COA. A brand that sells hemp should be able to show one.
- Find total THC, not just delta-9 THC. If only THCA and delta-9 are listed, use the formula above.
- Do the container math: total THC per serving times servings per container. The answer needs to be 0.4 mg or less.
- Check the date and the batch. The report should be recent and should cover the batch you're buying.
- Check your state's law, which can be stricter than the federal one.
Our hemp gummies and the new rules
We make Full Spectrum CBG Mental Gummies, with 10 mg of full spectrum CBG and 1.5 mg of CBC per gummy, and the label starts you on half a gummy a day with a meal. CBG is a non-intoxicating cannabinoid, and our article on CBG vs CBD explains how it differs from CBD. As our FAQ page says, our full spectrum gummies test at under 0.4 mg of total THC per container.
Because they're full spectrum, they do contain trace THC, so they're not the right choice if you're drug tested. They're for adults 21 and over, and we can't ship them to Idaho, Kansas or Nebraska. We'll update this page as the FDA publishes its lists and the rules settle.
Frequently asked questions
When does the hemp ban take effect?
In two steps. Synthetic and converted cannabinoids such as delta-8 lose hemp status on November 12, 2026. The total THC standard and the 0.4 mg per container cap start on December 11, 2026.
Will CBD gummies be illegal?
Not by name. A CBD gummy that holds 0.4 mg of total THC or less per container is still hemp under the new federal definition. Full spectrum gummies with more THC than that won't be. State laws can be stricter.
Is delta-8 illegal now?
Under federal law, delta-8 made by converting CBD stops counting as hemp on November 12, 2026. Many states had already restricted it before then.
What does total THC mean?
It's delta-9 THC plus the THC that THCA would become when heated. Labs calculate it as delta-9 THC plus 0.877 times THCA.
What does "per container" mean?
The law defines the container as the innermost package in direct contact with the product. For gummies, that's the jar or pouch the gummies sit in, not each gummy and not the shipping box.
Why can't you ship hemp products to Idaho, Kansas or Nebraska?
Because of those states' own hemp laws. Federal law sets a floor, and states can add stricter rules on top.
This article is general information about a changing area of law, current as of October 30, 2026. It is not legal advice. Hemp products are for adults 21 and over. These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease.