New Hemp Ban Could Criminalize CBD Products
Under the Farm Bill in 2018, a loophole was created that allowed dozens of cannabis products to be sold outside state-authorized dispensaries. The loophole was to define “hemp” as any cannabis product derived from plants containing less than 0.3% delta-9 THC.
However, a new law will go into effect on November 12, 2026, which would make products containing more than 0.4mg of THC of any kind federally illegal. This could have cascading effects on programs, companies, and dependent individuals.
For instance, the Centers for Medicare and Medicaid Services recently started a program to reimburse patients for hemp-derived products like CBD. The program would reimburse up to $500 to qualifying individuals to see if hemp-derived CBD lowers overall health costs.
The upcoming bill would criminalize “the vast, vast majority of hemp products, including most non-intoxicating CBD products”, says Jonathan Miller of US Hemp Roundtable. If the law goes into effect, the new program must halt, and many CBD-dependent individuals’ health may be compromised.
President Trump has called for lawmakers to ensure Americans dependent on CBD will continue to get their products, but pro-CBD lawmakers are facing opposition. Several agencies like Drug Free America Foundation and Cannabis Industry Victims Educating oppose making hemp legal if it will soon be ruled an illegal substance, and are trying to block reform. Although Miller is “cautiously optimistic” that the law can be changed before November 12, the clock is ticking.
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