Federal Hemp Ban 2026: What Changes Nov 12 and Dec 11

What changes on November 12, 2026

Section 781 of Pub. L. 119-37 rewrites the federal definition of hemp in 7 U.S.C. 1639o. It took effect on November 12, 2026, but Pub. L. 119-103 limits it until December 11, 2026 to one kind of product: hemp-derived cannabinoid products, intermediate or final, that contain cannabinoids the plant cannot naturally produce.

Sec. 781. Effective 365 days after the enactment of this Act, Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended-- Pub. L. 119-37, sec. 781

Until December 11, 2026, the amendments made by section 781 of division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply with respect to products described in paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) (as amended by such section 781). Pub. L. 119-103, div. B, sec. 2019 (Section 781 Extension), approved September 2, 2026, read on govinfo.gov November 6, 2026

The two paragraphs that apply from November 12, 2026:

"(ii) any intermediate hemp-derived cannabinoid products containing-- "(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; Pub. L. 119-37, sec. 781

"(iv) any final hemp-derived cannabinoid products containing-- "(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; Pub. L. 119-37, sec. 781

Tracked compounds with a federal row on this date: EPN / Euphorinol, THC-O Acetate and HHC-P.

What changes on December 11, 2026

The rest of section 781 takes effect on December 11, 2026. Four parts of it reach products sold at retail.

Total THC, THCa included

Hemp is measured by total tetrahydrocannabinols, including THCa, at 0.3 percent or less on a dry weight basis. The text in force before this date counts delta-9 THC only.

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. 7 U.S.C. 1639o(1), text in force before December 11, 2026

"(A) In general.--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. Pub. L. 119-37, sec. 781

Cannabinoids made outside the plant

A final product is excluded when its cannabinoids were synthesized or manufactured outside the plant, even cannabinoids the plant can produce. Intermediate products carry the same exclusion.

"(II) cannabinoids that-- "(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and "(bb) were synthesized or manufactured outside the plant; Pub. L. 119-37, sec. 781

0.4 mg per container

A final product is excluded when one container holds more than 0.4 milligrams of total THC (THCa included) and cannabinoids with similar effects, combined. The container is the innermost package.

"(III) greater than 0.4 milligrams combined total per container of-- "(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and "(bb) 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). Pub. L. 119-37, sec. 781

"(C) The term `container' means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge. Pub. L. 119-37, sec. 781

Intermediate products sold to consumers

An intermediate product (an ingredient, an oil, a powder meant to be mixed into something else) is excluded when it is marketed or sold as a final product or directly to a consumer.

"(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; Pub. L. 119-37, sec. 781

Tracked compounds with a federal row on this date: Delta-8 THC, Delta-9 THC, THCa, THCP, THCV, Delta-10 THC, CBD and CBG / CBDA / CBGA.

Which products leave the federal hemp definition

The federal Schedule I listing for tetrahydrocannabinols excludes only what falls within the hemp definition, so a product outside the new definition loses that exclusion.

(ii) Tetrahydrocannabinols does not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o. 21 CFR 1308.11(d)(31)

Each tracked hemp compound’s federal row, as loaded. A row with a future ban date reads “Banned from” that date until it arrives.

• EPN / Euphorinol (edible / ingestible) Restricted
  Federal hemp dates: November 12, 2026 and December 11, 2026
  Contested hemp lane now; excluded as semi-synthetic at the Nov 12, 2026 cliff (P.L. 119-37 Sec. 781)
• HHC-P Gray area
  Federal hemp dates: November 12, 2026 and December 11, 2026
  HHC-P: not named federally; DEA treats hydrogenated cannabinoids as Schedule I THC, and from Nov 12, 2026 non-plant cannabinoids leave hemp
• Delta-8 THC Gray area
  Federal hemp date: December 11, 2026
  Delta-8 THC - federally contested: hemp by plain text per the 9th and 4th Circuits, Schedule I on DEA's synthetic-conversion theory; converted delta-8 excluded by statute Dec 11 2026
• Delta-9 THC (vape / inhalable) Restricted
  Federal hemp date: December 11, 2026
  Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026
• THCa Gray area
  Federal hemp date: December 11, 2026
  THCa - federally contested: hemp on the statute's delta-9-only text, marijuana on DEA's post-decarboxylation reading; resolved against THCa by statute Dec 11 2026
• THCP Gray area
  Federal hemp date: December 11, 2026
  THCP - federally unnamed; control theory is a definitional stretch of the tetrahydrocannabinols class onto a homolog, untested; synthesized THCP excluded by statute Dec 11 2026
• THCV Legal
  Federal hemp date: December 11, 2026
  THCV (vape) - not federally scheduled inside the hemp definition today; a cartridge over 0.4 mg THCV leaves hemp on Dec 11, 2026
• Delta-10 THC Gray area
  Federal hemp date: December 11, 2026
  Delta-10 THC: federally contested now; converted delta-10 leaves the hemp definition by Dec 11, 2026, or Nov 12 if not plant-producible
• CBD (edible / ingestible) Gray area
  Federal hemp date: December 11, 2026
  FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026.
• CBG / CBDA / CBGA (flower / raw plant) Restricted
  Federal hemp date: December 11, 2026
  Hemp today; from Dec 11, 2026 a pre-roll or cigarette over 0.4 mg total THC per container leaves hemp (Schedule I)
• CBN Legal
  CBN (cannabinol) - not federally scheduled; hemp-derived CBN sits inside the hemp definition, but CBN converted outside the plant leaves hemp on Dec 11 2026
• HHC (capsule / tablet) Illegal
  HHC capsule -- federally Schedule I (DEA drug code 7220)
• THC-O Acetate Illegal
  Federal hemp dates: November 12, 2026 and December 11, 2026
  THC-O acetate federally illegal from Nov 12, 2026: it leaves hemp as a cannabinoid the plant cannot make and falls in Schedule I

Hemp ban in every state

What stays legal under federal law

Industrial hemp stays inside the definition: stalk and fiber, grain, seed oil, cake and other non-cannabinoid products of the seed, microgreens, research plants and seed for those uses.

"(B) Inclusion.--Such term includes industrial hemp. Pub. L. 119-37, sec. 781

“(2) Industrial hemp.--The term `industrial hemp' means hemp-- ”(A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non- cannabinoid derivative, mixture, preparation, or manufacture of such a stalk; “(B) grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant; ”(C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinols concentration specified in paragraph (1)(C)(i); "(D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; or "(E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D). Pub. L. 119-37, sec. 781

A hemp-derived cannabinoid product stays inside the definition when no exclusion reaches it: for a final product, only cannabinoids the plant can produce, none made outside the plant, and no more than 0.4 mg of total THC and similar cannabinoids per container, from hemp at 0.3 percent total THC or less. Any of those products can still be banned or restricted by a state.

Federal rows that read legal today

• THCV (vape / inhalable)
  THCV (vape) - not federally scheduled inside the hemp definition today; a cartridge over 0.4 mg THCV leaves hemp on Dec 11, 2026
• CBD (topical)
  CBD cosmetics lawful if not adulterated and no drug claims; Dec 11, 2026 cap also reaches topicals.
• CBN
  CBN (cannabinol) - not federally scheduled; hemp-derived CBN sits inside the hemp definition, but CBN converted outside the plant leaves hemp on Dec 11 2026
• CBG / CBDA / CBGA (raw material / ruo)
  Federal: bulk CBG is hemp today; from Dec 11, 2026 it must be plant-derived, 0.3% total THC or less, and sold B2B.

State laws on the same dates

These state changes are dated the same day as a federal step. Each state’s rules apply on their own terms.

• Illinois: Illinois Hemp Act: 0.4 mg per container cap, total THC, smokable and vape hemp banned November 12, 2026 · Delta-8 THC
• Missouri: Intoxicating Cannabinoid Control Act, RSMo 195.900 November 12, 2026 · Delta-8 THC
• Missouri: HB 2641 tier 2 products keyed to federal 7 U.S.C. 1639o timing December 11, 2026 · Delta-9 THC

Federal deadlines on file

Law text on file

The quotes above are cut from this stored text. Each fingerprint is the SHA-256 of the stored text.

CURRENT OPERATIVE TEXT OF 7 U.S.C. 1639o, AS CODIFIED BY THE OFFICE OF THE LAW REVISION COUNSEL AND CONTAINING THOSE LAWS IN EFFECT ON JULY 24, 2026:
§1639o. Definitions
In this subchapter:
(1) Hemp
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.
(2) Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
(3) Secretary
The term “Secretary” means the Secretary of Agriculture.
(4) State
The term “State” means-
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(5) State department of agriculture
The term "State department of agriculture" means the agency, commission, or department of a State government responsible for agriculture in the State.
(6) Tribal government
The term “Tribal government” means the governing body of an Indian tribe.

AMENDMENT MADE BY PUBLIC LAW 119-37, DIVISION B, TITLE VII, SECTION 781, NOVEMBER 12, 2025, 139 STAT. 558, EFFECTIVE NOVEMBER 12, 2026, REPRODUCED COMPLETE FROM THE ENROLLED PUBLIC LAW AS PUBLISHED BY THE GOVERNMENT PUBLISHING OFFICE:
Sec. 781. Effective 365 days after the enactment of this Act, Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended-- (1) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; and (2) by striking paragraph (1) and inserting the following: "(1) Hemp.-- "(A) In general.--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. "(B) Inclusion.--Such term includes industrial hemp. "(C) Exclusions.--Such term does not include-- "(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or "(ii) any intermediate hemp-derived cannabinoid products containing-- "(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; "(II) cannabinoids that-- "(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and "(bb) were synthesized or manufactured outside the plant; or "(III) more than 0.3 percent combined total of-- "(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and "(bb) 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 "(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or "(iv) any final hemp-derived cannabinoid products containing-- “(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; ”(II) cannabinoids that-- "(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and "(bb) were synthesized or manufactured outside the plant; or "(III) greater than 0.4 milligrams combined total per container of-- "(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and "(bb) 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). “(2) Industrial hemp.--The term `industrial hemp' means hemp-- ”(A) grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non- cannabinoid derivative, mixture, preparation, or manufacture of such a stalk; “(B) grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant; ”(C) grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinols concentration specified in paragraph (1)(C)(i); "(D) that is a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or an independent research institute; or "(E) grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subparagraphs (A) through (D). "(3) Hemp-derived cannabinoid product.-- “(A) In general.--The term `hemp-derived cannabinoid product' means any intermediate or final product derived from hemp (other than industrial hemp), that-- ”(i) contains cannabinoids in any form; and "(ii) is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application. "(B) The term `intermediate hemp-derived cannabinoid product' means a hemp-derived cannabinoid product which-- "(i) is not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal; or "(ii) is a powder, liquid, tablet, oil, or other product form which is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption. "(C) The term `container' means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge. "(D) The term container excludes bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use. "(E) Exclusion.--Such term does not include a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).". (3) Within 90 days of the enactment of this act, the Food and Drug Administration, in consultation with other relevant Federal agencies, shall publish-- (A) a list of all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature; (B) a list of all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant; (C) a list of all other know cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids; and (D) additional information and specificity about the term “container”, as defined in paragraph (3)(C).

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers):
(31) Tetrahydrocannabinols | 7370
(i) Meaning tetrahydrocannabinols, except as in paragraph (d)(31)(ii) of this section, naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
1 cis or trans tetrahydrocannabinol, and their optical isomers
6 cis or trans tetrahydrocannabinol, and their optical isomers
3, 4 cis or trans tetrahydrocannabinol, and its optical isomers
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
(ii) Tetrahydrocannabinols does not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639o.

Sources

1. Pub. L. 119-37, div. B, tit. VII, sec. 781 (Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026; H.R. 5371), 139 Stat. 558 (U.S. Government Publishing Office (govinfo), enrolled public law PLAW-119publ37, 2026-07-25) PRIMARYOFFICIAL
2. Pub. L. 119-103, div. B, sec. 2019 (Section 781 Extension), Continuing Appropriations and Extensions Act, 2027 (H.R. 6500), 140 Stat. 1003 (U.S. Government Publishing Office (govinfo), enrolled public law PLAW-119publ103, 2026-10-27) PRIMARYOFFICIAL
3. 7 U.S.C. 1639o - definition of hemp (Agricultural Marketing Act of 1946 sec. 297A) (Office of the Law Revision Counsel, U.S. House of Representatives, 2026-07-25) PRIMARYOFFICIAL
4. 21 CFR 1308.11 - Schedule I, including (d)(31) tetrahydrocannabinols (drug code 7370) and the (d)(31)(ii) hemp exclusion (eCFR / Office of the Federal Register, 2026-07-25) PRIMARYOFFICIAL

Related

• Hemp ban in every state
• THC ban in every state
• THCa ban by state
• Delta-8 ban by state
• Are THC drinks legal? Every state
• All deadlines

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