In about nine months, federal hemp laws are scheduled to significantly change in a way that industry stakeholders say would effectively upend the market by re-criminalizing most consumable cannabinoid products. But in the interim, the Food and Drug Administration (FDA) is facing a deadline to help inform future hemp policy.
As part of appropriations legislation that President Donald Trump signed in 2025, many hemp products that were legalized during his first term under the 2018 Farm Bill will be prohibited once again, starting in November. The spending measure included separate provisions, however, to have the FDA and other relevant agencies study the cannabinoid marketplace and develop lists of cannabis components.
After the bill was signed, the FDA was given 90 days to publish: 1) a list of “all cannabinoids known to FDA to be capable of being naturally produced” by cannabis; 2) a list of “all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant;” and 3) a list of “all other know cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids.”
The purpose of the FDA directive appears to be related to how federal law will distinguish between legal hemp products under a new, narrower definition, and marijuana.
Further, the agency was tasked with providing “additional information and specificity about the term ‘container’” with respect to hemp product THC serving sizes. In the bill, the term is defined as “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.”
The lists and information are due by February 10. Whether the FDA makes the deadline is yet to be seen, however, as there are multiple examples of federal agencies failing to meet congressionally mandated timelines, including when it comes to marijuana-related policy issues.
The purpose of the FDA directive appears to be related to how federal law will distinguish between legal hemp products under a new, narrower definition in the recently enacted legislation and marijuana, which remains illegal under US law.
Since 2018, cannabis products have been considered legal hemp if they contain less than 0.3 percent delta-9 THC on a dry weight basis.
However, the law that is set to take effect in November specifies that, within one year of enactment, the weight would apply to total THC—including delta-8 and other isomers. It would also include “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).”
The new definition of legal hemp would additionally ban “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” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or not capable of being naturally produced by it.
Legal hemp products would be limited to a per-container total of 0.4 milligrams of total THC or any other cannabinoids with similar effects.
“If it remains unclear exactly which cannabinoids are outlawed, then the McConnell hemp ban will just cause more confusion and chaos.”
Hemp stakeholders are paying particularly close attention to the “container” definition for cannabinoid products.
“No matter what they come up with, it won’t solve the intermediate issue,” Adam Terry, CEO of the hemp beverage company Cantrip, told Marijuana Moment on February 5. “It may allow something like individually wrapped gummies with 0.4mg THC per piece, but the liquid used to pour into molds will still break that container rule, which under statute applies to intermediates.”
“So the gummies would be illegal to make in the US. Full-spectrum CBD needs a more comprehensive reform as the president said” in his recent executive order, Terry said, adding that a bill introduced by Representatives Morgan Griffith (R-VA) and Marc Veasey (D-TX) in January is “the best proposal for that.”
Jim Higdon, the co-founder and chief communications officer at Cornbread Hemp, said he is “eager for the FDA to finally provide some guidance on hemp, which they have withheld since the passage of the 2018 Farm Bill.”
“If it remains unclear exactly which cannabinoids are outlawed, then the McConnell hemp ban will just cause more confusion and chaos,” he said, referring to Senator Mitch McConnell (R-KY), who led the charge to both initially legalize hemp in 2018 and the more recent push to recriminalize hemp THC products.
The Hemp Enforcement, Modernization, and Protection (HEMP) Act represents a potential alternative to the outright THC ban that was included in the spending bill Trump signed, affirmatively allowing the sale of consumable hemp products to adults 21 and older. That includes edibles, beverages and inhalable items.
If the legislation is enacted, there would be various regulatory restrictions for the market. For example, packaging couldn’t appeal to youth and would need to be tamper-proof. It would also need to list all cannabinoids present and include a QR code linking to a certificate of analysis.
Hemp product makers would be prohibited from adding substances like alcohol, caffeine, tobacco, nicotine, melatonin or others “with effects that could interact with cannabinoids or enhance or alter their effects.”
For what it’s worth, four in five marijuana consumers say they oppose the recriminalization of hemp THC products.
There would also be manufacturing and testing requirements, and hemp businesses would need to register their facilities.
Additionally, there are provisions mandating the establishment of a total cannabinoid cap on hemp products. The US. Department of Health and Human Services (HHS) would be charged with proposing cannabinoid limits within 60 days of enactment.
Meanwhile, alcohol retailers recently came together to encourage Congress to delay the enactment of the law Trump signed to federally recriminalize hemp-derived THC beverages and other products.
The coalition is calling on lawmakers to pass recently introduced legislation, the Hemp Planting Predictability Act, that would give the hemp industry two more years before a federal ban on THC products would take effect—which stakeholders hope will better position them to negotiate a broader regulatory compromise.
House Oversight and Government Reform Committee Chairman James Comer (R-KY), who is cosponsoring the proposal, appeared at a January press conference alongside farmers who are concerned about the looming federal hemp ban’s impact on their businesses.
For what it’s worth, four in five marijuana consumers say they oppose the recriminalization of hemp THC products under the spending bill Trump signed in November. However, it should be noted that that poll was conducted weeks before he issued a cannabis rescheduling order and took steps to protect access to full-spectrum CBD.
Trump signed an executive order in January directing the attorney general to complete the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).
Part of that announcement also holds implications for the forthcoming hemp law. The president’s order urged Congress to examine updating the definition of hemp to ensure that full-spectrum CBD is accessible to patients.
A further redefinition of hemp would be part of a novel proposal to allow Medicare recipients to access non-intoxicating CBD that’d be covered under the federal health care plan.
To effectuate that, the Centers for Medicare & Medicaid Services (CMS) will be announcing “a model that will allow a number of CMS beneficiaries to benefit from receiving CBD under doctor recommendation at no cost,” a White House official said during a briefing from which Marijuana Moment first reported leaked details ahead of the signing event.
Trump seemed to endorse a more flexible CBD policy when in summer 2025 he shared a video calling for that specific reform while promoting the health benefits of cannabidiol, particularly for seniors.
A White House spokesperson said prior to the bill signing that Trump specifically supported the prohibition language.
Meanwhile, a separate recently filed Republican-led congressional bill would stop the implementation of the hemp ban under the enacted appropriations legislation.
Hemp businesses and industry groups have warned about the potential ramifications of the ban, but despite his support for states’ rights for cannabis and a recent social media post touting the benefits of CBD, Trump signed the underlying spending measure into law without acknowledging the hemp provisions.
GOP political operative Roger Stone said recently that Trump was effectively “forced” by Republican lawmakers to sign the spending bill with the hemp THC ban language.
However, a White House spokesperson said prior to the bill signing that Trump specifically supported the prohibition language.
The Democratic governor of Kentucky said that the hemp industry is an “important” part of the economy that deserves to be regulated at the state level—rather than federally prohibited, as Congress has moved to do.
Also, a leading veterans organization is warning congressional leaders that the newly approved blanket ban on consumable hemp products could inadvertently “slam the door shut” on critical research.
Image via New Jersey Cannabis Regulatory Commission
This story was originally published by Marijuana Moment, which tracks the politics and policy of cannabis and drugs. Follow Marijuana Moment on X and Facebook, and sign up for its newsletter.