Federal Legal Status of Most Hemp THC Products to End December 11 Unless Congress Acts
Most hemp-derived THC gummies, drinks, and similar products are scheduled to lose their federal legal status on December 11, 2026. This change stems from a law signed in November 2025, with a 30-day delay pushed back by a stopgap funding bill signed on September 2. The new law redefines hemp by measuring total THC, including THCa and delta-8, rather than just delta-9, and caps finished products at 0.4 milligrams of total THC per container. This per-package limit means that many common products, such as a 5 mg gummy, would exceed the cap. Products containing cannabinoids not naturally produced by the cannabis plant will lose federal hemp status even earlier, on November 12, 2026. Congress is currently split on how to address this, with several bills proposed to delay, repeal, or regulate the change, but none have advanced past committee as of early September.