Federal hemp rules are changing. Here is what to plan for.
Today, federal law defines hemp as cannabis with no more than 0.3% delta-9 THC on a dry weight basis. Public Law 119-37 updates that definition:
The 0.3% limit counts total THC, including THCA . Finished hemp-derived cannabinoid products are capped at 0.4 mg combined total THC per container . Cannabinoids synthesized or manufactured outside the plant do not qualify as hemp. Key dates: cannabinoids that cannot be naturally produced by the cannabis plant fall outside the hemp definition on November 12, 2026 . The rest of the new definition applies on December 11, 2026 , after H.R. 6500 (signed September 2, 2026) moved it from November 12.
If your product will be on shelves after those dates, formulate and label it to the new definition so distributors and retailers can bring it in with confidence. FDA’s position that THC and CBD products cannot be sold as dietary supplements is unchanged, and some states set stricter rules.
Sources: 7 U.S.C. § 1639o (Cornell LII) · H.R. 6500 (Congress.gov) · FDA on cannabis-derived products . Updated September 23, 2026.
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