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As outlined in our February 12, 2026 blog post, a year after Congress moved to close the 2018 Farm Bill’s “hemp loophole,” the new federal restrictions are taking effect in two stages. Beginning November 12, 2026, products containing cannabinoids that do not occur naturally in cannabis will no longer qualify as hemp under federal law. Congress pushed back the rest of the restrictions, which now take effect December 11, 2026.

Congress enacted the restrictions on November 12, 2025, as part of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. The legislation addresses an unintended consequence of the 2018 Farm Bill. Products containing no more than 0.3% delta-9 tetrahydrocannabinol (THC) could qualify as hemp even when they contained other psychoactive cannabinoids. Congress responded by narrowing the hemp definition and, for finished hemp-derived cannabinoid products, imposing a 0.4-milligram combined total limit per container for total THC and other cannabinoids with similar effects or marketed as having similar effects.

Open Questions: FDA and Congress

The new standard makes the statutory definition of “container” important. The law defines a container as the innermost packaging or vessel in direct contact with the finished product and enclosed for retail sale. Congress directed the Food and Drug Administration (FDA) to publish three cannabinoid lists and additional information clarifying the “container” definition within 90 days after the law’s November 12, 2025 enactment. That deadline expired on February 10, 2026. As of this article’s publication date, FDA has not published these required materials. Companies therefore approach the new federal deadlines without the cannabinoid lists and additional container information Congress directed FDA to provide.

Members of Congress also have introduced legislation that could delay, repeal, or replace the new restrictions, but none has been enacted. Still, waiting on Congress or FDA is a risky bet, and companies that act on the current deadlines will be in the strongest position, whatever happens next.

What Companies Should Do Now

With the November 12 change taking effect, companies should address products covered by that exclusion while completing the changes needed for the broader requirements taking effect December 11, 2026.

  • Know which rules apply now. The November 12 change affects products containing cannabinoids that do not occur naturally in cannabis. Companies should identify affected products remaining in their own inventory or with distributors and retailers and determine whether they must be withdrawn or otherwise addressed.
  • Prepare for the December 11 deadline. Identify products that may fall outside the broader federal hemp definition beginning December 11, 2026. For those products, finalize decisions about continued sales, reformulation, or withdrawal before the new requirements take effect.
  • Revisit testing under the new federal standard. The old 0.3% delta-9 THC test will no longer determine whether a product qualifies as hemp under federal law. The new definition considers total THC and other cannabinoids, so companies should work with laboratories and suppliers to confirm that current testing provides the information needed to assess products under the new standard.
  • Check state requirements before continuing sales. A product that complies with the new federal hemp definition may still be restricted under state law. Confirm the requirements in each state where the product is sold, including THC limits, registration, age restrictions, labeling, and sales restrictions.
  • Make sure reformulated products are described accurately. If a product changes, review the package and marketing with it. Ingredient information, cannabinoid amounts, serving information, warnings, and claims should match the reformulated product.
  • Monitor FDA implementation materials and congressional action. FDA still could publish the required cannabinoid lists and additional information about the “container” definition, and Congress could still amend the law. Unless the law changes, companies should complete the changes needed to keep affected products on the market before December 11, 2026.

Takeaway

The federal hemp framework is changing now, with broader restrictions taking effect December 11, 2026. Companies should use the remaining time to identify which products can stay on the market and make the changes necessary for those products to comply with the new federal standard. The window for adjustment is closing, and companies that do not act now risk having products they can no longer legally sell after December 11, 2026.