Hemp Regulations in 2026: What's Changing and What It Means for You

The hemp industry is navigating its most significant regulatory shift since the 2018 Farm Bill. In November 2025, Congress passed new legislation that redefines hemp and restricts many hemp-derived THC products. These changes are set to take effect on November 12, 2026, giving the industry a one-year transition period.

The new law doesn't ban hemp outright. Products containing naturally occurring cannabinoids within the new limits will remain federally legal. However, the changes are significant enough that both businesses and consumers need to understand what's coming.

This article breaks down the key changes, what they mean for products you can buy today, and what to expect going forward. We'll update this page as new developments emerge.

The November 2025 legislation makes three major changes:

1. New THC limits per container. The old rule measured Delta-9 THC as a percentage of dry weight (0.3%), which allowed products like gummies to contain meaningful THC doses. The new rule caps total THC at 0.4 milligrams per container. This is a dramatic reduction — a single gummy currently containing 10mg of THC would exceed the new limit by 25 times.

2. Synthetic cannabinoid ban. All lab-synthesized cannabinoids are now explicitly prohibited, regardless of concentration. This includes Delta-8 THC, Delta-10 THC, HHC, THC-P, and any other cannabinoid that was synthesized or manufactured outside the cannabis plant. Naturally occurring cannabinoids remain legal within the new THC limits.

3. FDA guidance on cannabinoid classification. The FDA has been directed to issue guidance identifying all relevant cannabinoids and clarifying the definition of "container" within 90 days. This guidance will be critical for determining exactly which products remain compliant.

THCa flower occupies a unique position in this regulatory landscape. THCa is naturally occurring — it's not synthesized or manufactured outside the plant — so it's not affected by the synthetic cannabinoid ban.

The THC-per-container limit is more complex for flower. The 0.4mg total THC cap primarily targets finished consumer products like gummies and beverages. How it applies to raw plant material — where THC content is measured differently — depends on FDA guidance and enforcement interpretation.

Until the November 2026 effective date, all currently legal hemp products remain available. We're closely tracking regulatory developments and will adjust our product lineup as needed to maintain full compliance.

It's also worth noting that Congress could modify, delay, or repeal these provisions before they take effect. Legislative efforts are already underway to revisit the hemp definition, potentially carving out allowances for low-dose products and naturally occurring cannabinoids.

In December 2025, President Trump signed an executive order directing the Attorney General to resume the process of rescheduling cannabis from Schedule I to Schedule III under the Controlled Substances Act. The order also calls on Congress to work with the administration to develop a federal regulatory framework for hemp.

Rescheduling to Schedule III would not legalize recreational cannabis federally, but it would:

• Recognize cannabis as having accepted medical use
• Reduce regulatory burden on state-legal cannabis businesses
• Eliminate the punitive Section 280E tax provisions that prevent cannabis businesses from taking standard business deductions
• Potentially open the door for more research

The executive order also specifically addresses hemp, signaling the administration's preference for a regulated market that allows certain hemp-derived products rather than an outright ban. How this tension between the November 2025 legislation and the executive order resolves will be one of the defining questions of 2026.

While federal law sets the floor, individual states have their own hemp regulations that may be more or less restrictive. Some notable trends in 2026:

• Florida — Voters are expected to reconsider recreational cannabis legalization after Amendment 3 received majority support in 2024 but fell short of the 60% threshold. A new initiative is gathering signatures for the 2026 ballot.
• States with additional hemp restrictions — Some states have already banned or restricted specific hemp-derived cannabinoids like Delta-8 THC. These state-level bans generally remain in effect regardless of federal changes.
• States defending hemp markets — Other states have enacted laws specifically protecting their hemp industries and may resist federal restrictions.

We only ship to states where our products are legal and update our shipping policies as regulations change. Check your state's specific hemp laws for the most current information.

Here's the practical takeaway:

Right now (February 2026): All hemp-derived products that were legal yesterday are still legal today. The new restrictions don't take effect until November 2026. You can continue purchasing and enjoying the same products you always have.

Between now and November 2026: The industry and Congress will negotiate. There's significant bipartisan support for allowing at least some hemp-derived products to remain legal, particularly low-dose edibles and beverages. The final regulatory landscape may look different from the current law.

After November 2026: This depends on what Congress does between now and then. We'll communicate any changes to our product availability, formulations, or shipping policies well in advance.

Our commitment at Official Farmacy is simple: every product we sell will be fully compliant with applicable federal and state law, period. If regulations change what we can offer, we'll adapt transparently. We'll never sell a product we aren't confident is legal.