New federal legislation is poised to dramatically restrict the sale of hemp-derived intoxicating products, including gummies, seltzers, and even some CBD items. The measure, passed as part of a broader government funding bill, targets products containing more than 0.4 milligrams of THC, effectively banning many popular items currently available nationwide.
The Loophole and the Crackdown
The change stems from a legal gray area created by the 2018 Farm Bill, which legalized hemp (cannabis with less than 0.3% delta-9 THC) for industrial purposes. This allowed companies to extract and concentrate psychoactive cannabinoids from hemp, resulting in products capable of producing a high despite being technically legal.
The new provision closes this loophole, bringing hemp-derived intoxicants under stricter control. According to Jonathan S. Miller, general counsel at the U.S. Hemp Roundtable, the law will eliminate approximately 95% of ingestible and topical hemp products from the market.
What This Means for Consumers
The ban isn’t limited to overtly potent products; it also includes CBD items that contain even trace amounts of THC due to manufacturing processes. Some CBD gummies already contain around 0.3 milligrams of THC per unit, meaning a multi-pack would exceed the new limit.
The implications are far-reaching: the legislation could classify these products alongside Schedule I narcotics, such as heroin, making their sale and possession a felony in some cases. Experts predict widespread disruption, impacting farmers, manufacturers, and consumers alike.
Why Now?
Lawmakers cite concerns about unregulated access to psychoactive products, particularly by minors, as a key driver for the crackdown. The availability of high-THC hemp-derived goods in convenience stores and gas stations has raised alarm among some legislators.
“These products will be considered schedule 1 narcotics, which include heroin,” warns Jonathan S. Miller, illustrating the severity of the proposed restrictions.
What Happens Next?
The ban is slated to take effect on November 12, 2026, though some lawmakers are attempting to challenge the provision. Meanwhile, consumers who rely on or enjoy these products are encouraged to contact their representatives to voice concerns.
This move highlights the ongoing tension between federal and state cannabis regulations, as marijuana-derived products remain legal in many jurisdictions. The outcome will reshape the hemp industry and raise questions about the future of cannabinoid access nationwide.
