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Federal hemp law

Federal hemp definition change: December 11, 2026 — what changes in each state

From December 11, 2026, the federal definition of hemp counts total THC, including THCA, and final hemp products with more than 0.4 mg of total THC per container are no longer hemp. One part starts earlier, on November 12, 2026: products with cannabinoids the plant cannot naturally produce. Below: both dates, sourced to the statute, and what each state’s own rules say today.

Last reviewed October 26, 20263 federal sources · 51 state rowsCite this pageNot legal advice

Federal law · effective

What changes on December 11

  1. Hemp is measured by total THC, including THCA, at no more than 0.3% on a dry weight basis. Before December 11, the limit counted delta-9 THC only. P.L. 119-37, Division B, § 781, enacted November 12, 2025. 1
  2. A finished hemp product with more than 0.4 mg of total THC per container is no longer hemp. The cap also counts other cannabinoids with similar effects. Products over it are treated as marijuana under federal law. 1 3
  3. One part starts earlier, on : products containing cannabinoids the plant cannot naturally produce stop counting as hemp. 2 3
  4. Why December 11: P.L. 119-103, enacted September 2, 2026, delayed the rest of the definition to this date. 2
  5. Delay or repeal? Bills to delay it by two more years (H.R. 7024, H.R. 7010, S. 3686) or to repeal it (H.R. 6209) have been introduced. None had passed when CRS updated its report on September 28, 2026. 3

Your state’s own law still applies, and it can be stricter. See what each state does after December 11. Checked against the statute text on govinfo.gov and CRS IF13136 (version 5) on October 26, 2026.

The short answer

Cannabinoids the plant cannot make stop counting as hemp

Hemp-derived cannabinoid products, intermediate or final, that contain cannabinoids that are not capable of being naturally produced by the Cannabis sativa L. plant are excluded from the federal definition of hemp. From this date they are classified as marijuana under the Controlled Substances Act. 1 2

Statute: 7 U.S.C. 1639o(1)(C)(ii)(I) and (iv)(I), as amended by P.L. 119-37 § 781. P.L. 119-103 § 2019 applies only these two paragraphs until December 11, 2026.

The rest of the new definition takes effect

  • Hemp means Cannabis sativa L. with a total THC concentration, including THCA, of not more than 0.3% on a dry weight basis (before: 0.3% delta-9 THC). 1
  • Excluded from hemp: viable seeds from a plant above 0.3% total THC; products with cannabinoids that occur in the plant but were synthesized or manufactured outside the plant. 1
  • Excluded: intermediate hemp-derived cannabinoid products with more than 0.3% combined total THC and other cannabinoids with similar effects, and intermediate products marketed or sold as a final product or directly to consumers. 1
  • Excluded: final hemp-derived cannabinoid products with more than 0.4 milligrams combined total per container of total THC (including THCA) and other cannabinoids with similar effects. 1
  • Industrial hemp (grown for stalk, fiber, grain, seed oil and other non-cannabinoid uses) is expressly included in the definition. 3

The original date was November 12, 2026 (365 days after P.L. 119-37 was enacted on November 12, 2025). P.L. 119-103, enacted September 2, 2026, moved everything except the November 12 exclusion to December 11, 2026. 1 3

Still open

  • P.L. 119-37 directs the FDA to publish lists of cannabinoids that occur naturally in the plant, THC-class cannabinoids and cannabinoids with similar effects, plus guidance on the term “container.” As of September 28, 2026, CRS reported that these lists had not been published. 3
  • Bills in Congress would delay the new definition by two more years (H.R. 7024, H.R. 7010, S. 3686) or repeal it (H.R. 6209); the House-passed FY2027 agriculture appropriations bill (H.R. 8646) contains no delay. None of these had become law when CRS updated its report. 3
  • We will update this page if Congress changes either date.

State by state · after December 11

After December 11, federal law treats most hemp delta-8 as marijuana everywhere; 12 states still allow it under their own law

From December 11 the federal definition no longer protects most intoxicating hemp products, so the federal line is the same everywhere. What changes from state to state is the state’s own rule. 24 states do not allow delta-8 as a hemp product. In the 12 states where state law still allows hemp delta-8, a product over the federal 0.4 mg cap is still marijuana under federal law. 6 states and DC allow it only through licensed cannabis stores. Here is each state’s rule, with its source.

Map: each state’s own rule on hemp delta-8 THC24 states: not allowed as a hemp product. 6 states and DC: licensed cannabis stores only. 2 states: low-dose products only. 12 states: state law allows it. 6 states: not confirmed. The same data is in the table below.Alaska: Not legalAlabama: Not legalArkansas: Not legalArizona: Not legalCalifornia: Not legalColorado: Not legal in hemp products (above trace limits); licensed marijuana stores onlyConnecticut: Licensed cannabis stores only (21+)Delaware: Not legal: any THC isomer not FDA-approved is Schedule I (16 Del. C. § 4714(d)(19))Florida: LegalGeorgia: LegalHawaii: Not legalIowa: Not legalIdaho: Not legalIllinois: Licensed cannabis dispensaries only from Nov 12, 2026 (P.A. 104-0463); before that, 21+Indiana: Not legalKansas: LegalKentucky: LegalLouisiana: Legal, 21+; max 5 mg total THC/serving, 40 mg/package; no hemp flowerMassachusetts: Not legal: hemp-derived delta-8 products may not be processed or sold (MDAR)Maryland: LegalMaine: LegalMichigan: LegalMinnesota: LegalMissouri: Legal until Nov 12, 2026; then licensed marijuana facilities onlyMississippi: Not confirmedMontana: Not legalNorth Carolina: Not confirmedNorth Dakota: Not legalNebraska: Not legalNew Hampshire: Not legalNew Jersey: Not allowed as a hemp product since Apr 13, 2026: products over the hemp limits are cannabis, sold only by licensed cannabis businesses; chemically synthesized cannabinoids are banned (P.L.2025, c.215)New Mexico: LegalNevada: Not legal as hemp: Nevada's THC definition includes delta-8 (SB 49, 2021); selling synthetic cannabinoids without CCB approval is illegalNew York: Not legal in New York's cannabinoid hemp program (delta-8 named as a prohibited lab-made cannabinoid)Ohio: Not legal: SB 56 (effective Mar 20, 2026) bans intoxicating hemp products; dispensaries do not sell themOklahoma: Not confirmedOregon: Not legal (artificially derived delta-8 banned since July 1, 2022)Pennsylvania: Not confirmedRhode Island: Not legalSouth Carolina: Not confirmedSouth Dakota: Not legalTennessee: LegalTexas: Not legal: delta-8 THC is a Schedule I controlled substance in Texas (Texas Supreme Court, DSHS v. Sky Marketing, May 1, 2026; DSHS schedule effective July 31, 2026). Only trace amounts naturally present in hemp are exempt. Further challenges may be pending.Utah: LegalVirginia: Restricted: hemp products max 2 mg total THC (incl. delta-8) per package; above that = marijuanaVermont: Not legal as hemp: hemp-derived intoxicating cannabinoids are prohibited (CCB Rule 2.17)Washington: Not legal outside licensed cannabis storesWisconsin: Not confirmedWest Virginia: LegalWyoming: Not legalDistrict of Columbia: Not allowed as a hemp product: delta-8 may be sold commercially only under a D.C. medical cannabis license
  • 12State law allows hemp delta-8
  • 2Allowed only as low-dose products
  • 7Licensed cannabis stores only
  • 24Not allowed as a hemp product
  • 6Not confirmed (no official source; we do not state a rule)

Small states

Source: CTU state cannabis law dataset (September 28, 2026), with values re-checked on official state sources on October 15, October 22 and October 26, 2026 (dates per state in the table; “data as of” marks rows not yet re-read). Federal rule: P.L. 119-37 § 781 and P.L. 119-103, checked October 26, 2026. Alaska and Hawaii are not to scale. “Delta-8” here means delta-8 THC sold as a hemp product. Not legal advice.

New Hampshire, January 1, 2027: SB 624 (Laws 2026, ch. 275) adopts the total-THC test, including THCA, and expressly prohibits hemp-derived products over 0.3% THC, including delta-8, delta-9 and THCA. Bill text on gc.nh.gov, checked Oct 26, 2026.

What each state does after December 11: its own rule on hemp delta-8 THC, grouped by category (50 states and DC)
StateState ruleSourceChecked
Not allowed as a hemp product 24 states
AlabamaNot legalAla. HB 445 (2025), enrolled billData as of
AlaskaNot legalAlaska Div. of Agriculture, Hemp Program Advisory Notice (Jan 31, 2025)Data as of
ArizonaNot legalAriz. Attorney General, Opinion I24-005Data as of
ArkansasNot legalArk. Attorney General, Act 934 of 2025 certificationData as of
CaliforniaNot legalCal. AB 8 (2025), bill textData as of
DelawareNot legal: any THC isomer not FDA-approved is Schedule I (16 Del. C. § 4714(d)(19))16 Del. C. § 4714(d)(19), Schedule IChecked
HawaiiNot legalHawaii DOH Hemp Program, consumer FAQData as of
IdahoNot legalIdaho Code § 37-2705Data as of
IndianaNot legalInd. Attorney General, Official Opinion 2023-1Data as of
IowaNot legalIowa HHS, consumable hemp guidance (PDF)Data as of
MassachusettsNot legal: hemp-derived delta-8 products may not be processed or sold (MDAR)Mass. Dept. of Agricultural Resources, hemp-derived products FAQChecked
MontanaNot legalMont. Dept. of Revenue, synthetic cannabinoids guidanceData as of
NebraskaNot legalNeb. Rev. Stat. § 28-405Data as of
NevadaNot legal as hemp: Nevada's THC definition includes delta-8 (SB 49, 2021); selling synthetic cannabinoids without CCB approval is illegalNev. Cannabis Compliance Board, Delta-8 THC & synthetic cannabinoidsChecked
New HampshireNot legalFrom January 1, 2027: SB 624 (Laws 2026, ch. 275) measures hemp by total THC, including THCA, and expressly prohibits hemp-derived products over 0.3% THC, including delta-8, delta-9 and THCA; no hemp THC product may go to anyone under 21. Bill text, checked Oct 26, 2026.N.H. RSA ch. 439-A, HempData as of
New YorkNot legal in New York's cannabinoid hemp program (delta-8 named as a prohibited lab-made cannabinoid)N.Y. Office of Cannabis Management, cannabinoid hemp consumersChecked
North DakotaNot legalN.D. Dept. of Agriculture, Hemp programData as of
OhioNot legal: SB 56 (effective Mar 20, 2026) bans intoxicating hemp products; dispensaries do not sell themOhio Div. of Cannabis Control, Ohio Cannabis FAQ (no. 18)Checked
OregonNot legal (artificially derived delta-8 banned since July 1, 2022)OLCC Compliance Bulletin CE2022-02 (June 14, 2022)Checked
Rhode IslandNot legalR.I. Industrial Hemp Program rule, 560-RICR-10-20-1Data as of
South DakotaNot legalS.D. Codified Laws ch. 38-35Data as of
TexasNot legal: delta-8 THC is a Schedule I controlled substance in Texas (Texas Supreme Court, DSHS v. Sky Marketing, May 1, 2026; DSHS schedule effective July 31, 2026). Only trace amounts naturally present in hemp are exempt. Further challenges may be pending.Texas DSHS, Consumable Hemp ProgramChecked
VermontNot legal as hemp: hemp-derived intoxicating cannabinoids are prohibited (CCB Rule 2.17)Vt. Cannabis Control Board, Understanding hemp in VermontChecked
WyomingNot legalWyo. Stat. § 35-7-1014Data as of
Licensed cannabis stores only 6 states and DC
ColoradoNot legal in hemp products (above trace limits); licensed marijuana stores onlyColo. SB 23-271 (signed act), C.R.S. 25-5-427Checked
ConnecticutLicensed cannabis stores only (21+)Conn. DCP, delta-8 and delta-10 THC FAQChecked
District of ColumbiaNot allowed as a hemp product: delta-8 may be sold commercially only under a D.C. medical cannabis licenseD.C. ABCA, Board order (W&S Liquor and Deli, May 15, 2024)Checked
IllinoisLicensed cannabis dispensaries only from Nov 12, 2026 (P.A. 104-0463); before that, 21+Ill. Public Act 104-0463Checked
MissouriLegal until Nov 12, 2026; then licensed marijuana facilities onlyMo. SS HCS HB 2641 (2026), as passedChecked
New JerseyNot allowed as a hemp product since Apr 13, 2026: products over the hemp limits are cannabis, sold only by licensed cannabis businesses; chemically synthesized cannabinoids are banned (P.L.2025, c.215)N.J. CRC, Intoxicating Hemp-Derived Products FAQ (P.L.2025, c.215)Checked
WashingtonNot legal outside licensed cannabis storesWSLCB, Hemp-derived and synthetic THC productsChecked
Allowed only as low-dose products 2 states
LouisianaLegal, 21+; max 5 mg total THC/serving, 40 mg/package; no hemp flowerLa. Act 752 (HB 952, 2024), digestChecked
VirginiaRestricted: hemp products max 2 mg total THC (incl. delta-8) per package; above that = marijuanaVa. Code § 4.1-600Checked
State law allows hemp delta-8 12 states
FloridaLegalFla. Stat. § 581.217Data as of
GeorgiaLegalGa. Comp. R. & Regs. 40-32-5, Consumable hemp productsData as of
KansasLegalK.S.A. 65-4105Data as of
KentuckyLegal902 KAR 45:021Data as of
MaineLegal7 M.R.S. § 2231Data as of
MarylandLegalMd. ATCC, THC compliance standardsData as of
MichiganLegalMich. CRA, Delta-8 informationData as of
MinnesotaLegalMinn. Stat. ch. 342Data as of
New MexicoLegalN.M. Environment Dept., Hemp rule FAQData as of
TennesseeLegalTenn. Public Chapter 526 (2025)Data as of
UtahLegalUtah Code § 4-41-102Data as of
West VirginiaLegalW. Va. Code § 19-12E-12Data as of
Not confirmed on an official source 6 states
MississippiNot confirmedNo official source confirmedChecked
North CarolinaNot confirmedNo official source confirmedChecked
OklahomaNot confirmedNo official source confirmedChecked
PennsylvaniaNot confirmedNo official source confirmedChecked
South CarolinaNot confirmedNo official source confirmedChecked
WisconsinNot confirmedNo official source confirmedChecked

Grey means we have not confirmed the rule on an official government page, so we do not state it. Illinois and Missouri are shown as they stand after November 12, 2026, when their own laws move these products into licensed cannabis channels. State rules on hemp change often; check the state hemp program before you act.

State by state

The federal change applies in every state. What it means locally depends on state law: some states already ban the products the new definition excludes, others license or tax them. The table shows what our dataset records for each state today, checked against official state sources. “Not confirmed” means we have not confirmed that value on an official government page, so we do not state it.

State rules as recorded in the CTU state cannabis law dataset (September 28, 2026), with Illinois corrected October 15, 2026 and 21 values re-checked on official state sources on October 22, 2026. Numbers link to the official source for each value. States change these rules often; check the state hemp program before you act.

StateDelta-8 THCTHC-OSmokable hempProgramSources
AlabamaMedical onlyNot legal 1Not legal 1Not legal 1State hemp program 2[1] [2]
AlaskaRecreational + medicalNot legal 1Not legal 1Not legal 1State hemp program 2[1] [2]
ArizonaRecreational + medicalNot legal 1Not legal 1Not confirmedState hemp program 2[1] [2]
ArkansasMedical onlyNot legal 1Not legal 1Not legal 2State hemp program 3[1] [2] [3]
CaliforniaRecreational + medicalNot legal 1Not confirmedNot legal 2State hemp program 3[1] [2] [3]
ColoradoRecreational + medicalNot legal in hemp products (above trace limits); licensed marijuana stores only 1Not legal 1Not confirmedState hemp program 2[1] [2]
ConnecticutRecreational + medicalLicensed cannabis stores only (21+) 1Not legal outside licensed cannabis stores 1Legal 2State hemp program 2[1] [2]
DelawareRecreational + medicalNot legal 1Not legal 1Not confirmedState hemp program 2[1] [2]
District of ColumbiaRecreational + medicalNot legal 1Not legal 2Not legal 1State hemp program 3[1] [2] [3]
FloridaMedical onlyLegal 1Legal 1Legal 1State hemp program 2[1] [2]
GeorgiaMedical onlyLegal 1Legal 1Not legal 1State hemp program 2[1] [2]
HawaiiMedical onlyNot legal 1Not legal 1Not legal 1State hemp program 2[1] [2]
IdahoNo cannabis programNot legal 1Not confirmedNot legal 2State hemp program 3[1] [2] [3]
IllinoisRecreational + medicalYes (21+ only; reclassified as cannabis on Nov 12, 2026) 1Legal 2Legal until Nov 12, 2026; then smokable/vapeable hemp products banned 3State hemp program 4[1] [2] [3] [4]
IndianaLow-THC / CBD onlyNot legal 1Not legal 1Not legal 2State hemp program 3[1] [2] [3]
IowaLow-THC / CBD onlyNot legal 1Not legal 1Not legal 1State hemp program 2[1] [2]
KansasLow-THC / CBD onlyLegal 1Not confirmedNot legal 2State hemp program 3[1] [2] [3]
KentuckyMedical onlyLegal 1Not legal 1Not legal 1State hemp program 2[1] [2]
LouisianaMedical onlyLegal, 21+; max 5 mg total THC/serving, 40 mg/package; no hemp flower 1Not legal 2Not legal 2State hemp program 3[1] [2] [3]
MaineRecreational + medicalLegal 1Legal 1Not confirmedState hemp program 2[1] [2]
MarylandRecreational + medicalLegal 1Not legal 2Legal 3State hemp program 4[1] [2] [3] [4]
MassachusettsRecreational + medicalNot legal 1Not confirmedNot legal 1State hemp program 2[1] [2]
MichiganRecreational + medicalLegal 1Not legal without a state cannabis license (licensed market only) 2Legal 3State hemp program 4[1] [2] [3] [4]
MinnesotaRecreational + medicalLegal 1Legal 1Legal 1State hemp program 2[1] [2]
MississippiMedical onlyNot confirmedNot confirmedNot legal 1State hemp program 2[1] [2]
MissouriRecreational + medicalLegal until Nov 12, 2026; then licensed marijuana facilities only 1Legal until Nov 12, 2026; then banned outside licensed marijuana facilities 1Legal until Nov 12, 2026; THCA flower then licensed marijuana facilities only 1State hemp program 2[1] [2]
MontanaRecreational + medicalNot legal 1Not legal 1Not legal 2State hemp program 3[1] [2] [3]
NebraskaMedical onlyNot legal 1Not legal 1Not confirmedState hemp program 2[1] [2]
NevadaRecreational + medicalNot legal 1Not legal 1Legal 2State hemp program 3[1] [2] [3]
New HampshireMedical onlyNot legal 1Not legal 1Legal (≤0.3% delta-9 THC); from Jan 1, 2027 total THC incl. THCA ≤0.3% 1State hemp program 1[1]
New JerseyRecreational + medicalNot legal 1Not legal 1Only very-low-THC flower (<0.3% total THC and <0.4 mg THC per container); THCA flower = cannabis (licensed only) 2State hemp program 3[1] [2] [3]
New MexicoRecreational + medicalLegal 1Legal 1Legal 2State hemp program 3[1] [2] [3]
New YorkRecreational + medicalNot legal 1Not legal 1Legal 2State hemp program 3[1] [2] [3]
North CarolinaLow-THC / CBD onlyNot confirmedNot confirmedNot confirmedState hemp program 1[1]
North DakotaMedical onlyNot legal 1Not legal 1Legal 1State hemp program 1[1]
OhioRecreational + medicalNot legal 1Not legal 2Not legal 1State hemp program 2[1] [2]
OklahomaMedical onlyNot confirmedNot confirmedLegal only if combined delta-9 THC + THCA ≤0.3% (from Nov 1, 2026) 1State hemp program 2[1] [2]
OregonRecreational + medicalNot legal (artificially derived delta-8 banned since July 1, 2022) 1Not legal 1Legal 2State hemp program 3[1] [2] [3]
PennsylvaniaMedical onlyNot legal 1Not legal 1Not confirmedState hemp program 2[1] [2]
Rhode IslandRecreational + medicalNot legal 1Not legal 1Legal 1State hemp program 1[1]
South CarolinaLow-THC / CBD onlyNot confirmedNot confirmedNot confirmedState hemp program 1[1]
South DakotaMedical onlyNot legal 1Not legal 1Not legal 1State hemp program 1[1]
TennesseeLow-THC / CBD onlyLegal 1Not confirmedLegal 1State hemp program 2[1] [2]
TexasMedical onlyNot legal 1Not legal 2Legal 3State hemp program 1[1] [2] [3]
UtahMedical onlyLegal 1Not legal 1Not legal 2State hemp program 3[1] [2] [3]
VermontRecreational + medicalNot legal 1Not legal 1Legal only if ≤0.3% total THC (incl. THCA); THCA flower prohibited outside licensed cannabis 2State hemp program 1[1] [2]
VirginiaRecreational + medicalRestricted: hemp products max 2 mg total THC (incl. delta-8) per package; above that = marijuana 1Not confirmedLegal 2State hemp program 2[1] [2]
WashingtonRecreational + medicalNot legal outside licensed cannabis stores 1Not legal outside licensed cannabis stores 1Not legal 2State hemp program 3[1] [2] [3]
West VirginiaMedical onlyLegal 1Not legal 2Legal 3State hemp program 4[1] [2] [3] [4]
WisconsinLow-THC / CBD onlyNot confirmedNot confirmedNot confirmedState hemp program 1[1]
WyomingLow-THC / CBD onlyNot legal 1Not legal 2Legal only if ≤0.3% total THC (post-decarboxylation) 2State hemp program 3[1] [2] [3]

Federal sources

  1. P.L. 119-37, Division B, § 781 (enacted Nov. 12, 2025): new statutory definition of hemp, 7 U.S.C. 1639ogovinfo.gov (U.S. Government Publishing Office) · read October 22, 2026; re-checked October 26, 2026
  2. P.L. 119-103, Division B, § 2019 “Section 781 extension” (enacted Sept. 2, 2026)govinfo.gov (U.S. Government Publishing Office) · read October 22, 2026; re-checked October 26, 2026
  3. Congressional Research Service, IF13136, “Changes to the Statutory Definition of Hemp and Implications for Agricultural Policy,” updated Sept. 28, 2026congress.gov (Congressional Research Service) · read October 22, 2026; re-checked October 26, 2026

State sources are linked in each row of the table.

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MLA

“Federal hemp definition change: December 11, 2026 — what changes in each state.” Cannabis Training University, 22 Oct. 2026, cannabistraininguniversity.com/laws/federal-hemp-definition-change-2026/.

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Not legal advice. General education from Cannabis Training University, summarizing the federal statute, the Congressional Research Service and official state sources as of October 22, 2026. For a decision about a product or a business, read the official sources and talk to a licensed attorney in your state.

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