New Federal Restrictions on THC in Hemp
On November 12, 2025, President Trump signed legislation into law that, effective November 13, 2026, severely restricts the level of THCs and THCA permitted in final form hemp products and essentially bans THC/THCA in such products. The scope of products affected includes products containing cannabinoids in any form and intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.
Specifically, the legislation:
- Redefines “hemp” by changing the current 0.3% delta-9 THC concentration limit to a total THC concentration (including THCA) limit of 0.3%.
- Excludes from the definition of “hemp” any final form hemp-derived products containing:
- Cannabinoids that are naturally produced by the Cannabis plant but are synthesized or manufactured outside of the plant (e.g., delta-8 THC) or,
- Greater than 0.4 milligrams combined total per container of all THCs (including THCA) and any other cannabinoids with similar effects, as determined by FDA.
- Excludes from the definition of “hemp” any intermediate hemp-derived products containing:
- Cannabinoids that are naturally produced by the Cannabis plant but are synthesized or manufactured outside the plant, or,
- More than 0.3% combined total of all THCs (including THCA) and any other cannabinoids with similar effects, as determined by FDA.
Notably, products that are excluded from the definition of “hemp” are designated as Schedule I substances (i.e., marijuana). However, we understand efforts are underway to address these restrictions and revise the limits prior to the one-year effective date, given the significant impact of this legislation on the entire hemp supply chain.
If you have any questions or concerns about this legislation, please do not hesitate to reach out. We are here to provide the information you need to navigate these changes.
