Congress has recently enacted tighter restrictions on hemp-derived products, including widely consumed items like gummies and seltzers. This legislative change targets products containing more than 0.4 milligrams of THC per container, potentially reshaping both the consumer market and the hemp industry. If unchanged, the updated law will take effect on November 12, 2026.

The widespread availability of hemp products—from CBD creams used for muscle recovery to gummies supporting sleep—has been a defining feature of recent wellness trends. However, the new restrictions threaten to make many of these items harder to access. This situation stems from the 2018 Farm Bill, which legalized hemp for industrial uses. Jonathan S. Miller, general counsel at the U.S. Hemp Roundtable, explains that the bill’s broad definition inadvertently opened a loophole allowing psychoactive cannabinoids to be legally extracted from hemp. This led to the rise of hemp-derived gummies, chocolates, and beverages capable of inducing a high but sold legally on the market.

In response to this unintended outcome, Congress added a provision to a recently passed government funding bill aimed at severely limiting these psychoactive hemp products. Jamie K. Alan, PhD, a pharmacology and toxicology expert at Michigan State University, clarifies that while both hemp and marijuana are cannabis plants, they differ genetically and chemically. Legally, hemp contains no more than 0.3% delta-9 THC. Miller notes that hemp is essentially a “cousin” of marijuana, which contains more than 0.3% THC. Yet some companies were able to extract enough THC from hemp to create products with potency levels comparable to those found in dispensaries. Lawmakers have raised concerns—highlighted by reporting in The Washington Post—that such high-THC products are sold in everyday locations like gas stations, increasing the risk of access by minors.

The new ban specifically targets products exceeding 0.4 milligrams of THC per container. As a result, even many CBD items containing incidental, non-intoxicating amounts of THC will be impacted. Miller explains that some CBD gummies contain around 0.3 mg of THC each, meaning that a container with just two gummies would surpass the new limit. This regulation is predicted to eliminate nearly 95% of hemp-derived ingestibles and topicals once it becomes active.

The implications are far-reaching. Miller warns that the restriction could dismantle much of the hemp industry and potentially classify the purchase of even low-dose gummies as a felony under Schedule 1 narcotics law—alongside substances like heroin. Dr. Alan adds that the impact will ripple across the entire supply chain, from farmers to end consumers, limiting access to products people have come to value. It’s also important to note that these changes apply to federal hemp law, while individual states maintain separate rules on marijuana, meaning access to THC and CBD products may still vary widely based on state legislation.