If you’re confused about the “hemp THC ban” headlines making their way around the news, don’t worry: you’re not alone!
Luckily, you’ve got CannaMD – one of Florida’s largest networks of medical cannabis doctors – to explain the details. So save this link, share with a friend, and let’s dive right in!
(Also, don’t forget: If you need your medical marijuana card, we can help with that too – so don’t hesitate to reach out!)
What Is the Hemp THC Ban?
The reason we used air quotes above is because the legislation everyone’s talking about isn’t exactly a ban – think of it more as a law that closes a loophole.
Let’s rewind:
Back in 2018, President Trump signed the Farm Bill (also known as “H.R.2, Agriculture Improvement Act of 2018”, for anyone who wants to get fancy). The Bill legalized hemp, which had previously been grouped with marijuana and banned by the Controlled Substances Act, and opened up a world of opportunities for farmers.
(More on that in a second…)
Fast forward to 2025. On November 12, new legislation hit the books – this time, tucked into a funding package designed to end the current government shutdown (H.R. 5371, the “Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026”).
In short: The new legislation (which you can read for yourself here) decreases the allowable amount of THC in hemp-derived products to such a low threshold that critics argue hemp products will no longer be able to be produced at all (which is why people are calling the new law essentially a “ban”).
Time for some details.
What Did the Farm Bill Say About Hemp?
As described by a Congressional Summary, the Farm Bill allowed:
…hemp with low levels of the psychoactive ingredient in marijuana [to be] excluded from the statutory definition of marijuana. The law creates a new hemp program under USDA oversight and makes hemp an eligible crop under the federal crop insurance program.
Specifically, the Bill permitted hemp to contain “the plant Cannabis sativa with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis”.
This opened the door for a huge market. In addition to the hemp products we’re most familiar with (such as gummies, drinks, and so on), hemp can also be used to make clothing, rope, and food. All of these combined products result in a market valuation analysts place in the billions.
And yet, lawmakers worry a large part of the “hemp boom” is due to exploitation of a key loophole (which the new legislation closes).
What Does the New Hemp Law “Fix” About the Farm Bill?
U.S. Senator Mitch McConnell (R – KY) authored the original Farm Bill, but has since said that its hemp definition (above) has resulted in “an unintended consequence that has allowed for intoxicating hemp-derived synthetic products to be made and sold”.
How?
Well, for starters, the Farm Bill only focuses on delta-9 THC – which is not the only version of THC. Ever see products advertising THCA? They’re all part of the same psychoactive/THC family. Secondly, the Farm Bill doesn’t prevent manufacturers from extracting the low amounts of THC found in hemp and putting large amounts in packaged products.
As a Harvard Medical School article on the subject explains:
Many cannabis-infused drinks list THC as an ingredient, and while there is no standard dose, 5 milligrams (mg) is typically used in research studies of the drug. Some ‘low-dose’ beverages contain 2 to 4 mg of THC in an 8-ounce container. Other products can contain as much as 200 mg of THC.
The new legislation closes that loophole by 1) specifying that hemp contain no more than 0.3% total THC (not just delta-9) or other cannabinoids “with similar effects”, and 2) limiting products to no more than 0.4 milligrams of total THC per container. It also prohibits cannabinoids synthesized outside the plant (such as delta-8 THC) and those not capable of being naturally produced (like hexahydrocannabinol, a.k.a. HHC).
What Are the New Hemp Rules?
Effective November 13, 2026, hemp-derived products will be illegal if they contain:
- More than 0.3% total THC (including THCA) or “other cannabinoids with similar effects”
- More than 0.4 milligrams of total (not just delta-9) THC per container
- Cannabinoids that are synthesized or manufactured outside the plant (think: delta-8 THC)
- Cannabinoids that are not capable of being naturally produced by the plant (e.g., HHC)
So how did these rules get written?
Everything comes down to the new ‘hemp’ definition. The old definition left a lot of wiggle room. The new language clearly outlines what farmers and manufacturers can and can’t do.
Take a look for yourself:
The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
NEW DEFINITION (ABBREVIATED, HR 5371):
The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis.
Such term [legal hemp] does not include […] any intermediate hemp-derived cannabinoid products containing… cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant… cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant; or more than 0.3 percent combined total of total tetrahydrocannabinols (including tetrahydrocannabinolic acid) and any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services); or any final hemp-derived cannabinoid products containing greater than 0.4 milligrams combined total per container of total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).
To compare more details, check out the full Farm Bill text and the new bill (H.R. 5371).
How Does the Hemp Law Affect Medical Marijuana Patients?
In good news, the new hemp legislation does not affect medical marijuana patients at all. Marijuana-derived products are separate from hemp-derived products – which means, if you’re a Florida medical marijuana patient, you’re still able to purchase dispensary-issued cannabis products containing THC, THCA, CBD, and any other cannabinoid that best helps your medical condition.
To get your card, or renew your certification, reach out to CannaMD‘s qualified team of medical marijuana doctors by calling (855) 420-9170 or getting started online!
When Do the New Hemp Rules Go Into Effect?
The new rules (part of H.R. 5371) were signed into law on November 12, 2025.
They go into effect November 13, 2026.
The U.S. Food and Drug Administration (FDA) now has 90 days to provide a definition for “container” (because that “0.4 milligrams combined total [THC] per container” part is one of the biggest pieces of the puzzle!), and also publish a list of natural and synthetic cannabinoids (so we’re crystal clear on what’s banned and what’s not).
Hemp advocates still believe there’s time for additional changes, as well.
According to the U.S. Hemp Roundtable:
Our new mission, friends: 365 days to regulate, NOT ban. […] We’re disappointed, but not defeated because with the help of Senator Rand Paul (R – KY) we were able to win a major concession – 365 days before the language goes into effect. We have until November 13, 2026 to help federal government understand how to regulate hemp and protect Americans, not ban hemp which is essential for the health and wellness benefits treasured by millions of Americans.
What Happens to Hemp CBD Products?
While cannabidiol (CBD) was technically left untouched by the new legislation, Jonathan Miller, general counsel for U.S. Hemp Roundtable, warns CBD products could be one of the biggest victims of the change:
U.S. Senators were promised that this bill protects nonintoxicating CBD products, which is manifestly untrue — the large majority of nonintoxicating CBD products on the marketplace feature more than 0.4 mg of THC per container.
As mentioned, the new bill prohibits hemp products with more than 0.4 milligrams of total THC (including THCA and other “other cannabinoids with similar effects”) per container – making the permissible threshold very, very low.
In a November 2025 policy brief, MoreBetter, LTD claimed that a total THC threshold of 0.4 mg per container would “effectively ban nearly all hemp-derived beverages currently on the market”.
What Are People Saying About the Hemp Rules?
U.S. Senator Rand Paul (R) could barely contain his frustration, pointing to failures regarding what he feels is the real issue – regulation:
The hemp industry, myself and others have come together, and we have been willing to negotiate to get rid of the bad actors. And yet instead we are met with legislation that would be prohibition.
Even those with a more favorable view of the legislation, also seem to circle back to the regulation issue, with Jonathan Caulkins, a professor of operations research and public policy at Carnegie Mellon University, noting:
The loophole in the 2018 bill was inadvertent and ill-advised. Whatever one thinks about the wisdom or folly of cannabis legalization overall, no one except an ardent Libertarian wants the commercial sale of a dependence-inducing intoxicant to be completely outside the law and regulation. We at least want enforcement of rules about quality control and labeling, and most people think there should be some taxes and only differ on the rates.
Kim Sanchez Rael, CEO of Azuca, adds:
[This] Senate vote underscores the significant risk facing the hemp-derived cannabinoid industry and the broader promise of the hemp plant. We are at a critical moment: Much of the innovation and normalization that has been built over the past several years is now vulnerable. […] But this moment also reminds us what we’re fighting for: a smarter, sustainable regulatory framework that prioritizes access and safety. We believe the path forward lies in regulation, not prohibition – one that reflects the ‘one plant’ reality and honors hemp and cannabis as part of the same evolving industry.
Scott Burris, a professor and director of the Center for Public Health Law Research at Temple University, offers an interesting perspective at how we got here:
[T]he ‘low THC’ federal legalization in 2018 unleashed a lightly regulated private sector to find creative ways to cash in. That means promoting products heavily and making products that are attractive to consumers and making them as potent as possible. That has amped up the range, accessibility and risks of cannabis products, and we are seeing the public health consequences.
Could the Hemp Ban Change?
The U.S. Hemp Roundtable group remains optimistic regarding their “regulate, don’t ban” plan:
We have a strong game plan to move forward. Rep. Morgan Griffith (R-VA) plans to soon introduce a bill that would replace a total ban with robust regulation of hemp products (exactly what we have been advocating for!), including requiring good manufacturing practices, truth in labeling, bans on synthetic THC, and strong measures to keep products out of the hands of children.
As chairman of the powerful Health Subcommittee of the House Energy and Commerce committee, Griffith is perfectly positioned to secure a fair and just result. In the Senate, Sens. Ron Wyden (D-OR) and Jeff Merkley (D-OR) will reintroduce their regulatory bill soon, for consideration by the Senate Health, Education, Labor and Pensions (HELP) committee, where we expect action as well. The Roundtable will be furiously lobbying both committees and seeking your help to send emails and make phone calls to secure a positive result.
CannaMD will keep you posted as these efforts continue over the next year.
How to Purchase Legal THC Products
Having a medical marijuana certification remains the best way to access legal and safely regulated THC products. If you need a Florida medical marijuana card, CannaMD is here to help.
Just give us a call at (855) 420-9170 or get started online!
