The hemp ban is a change to how federal law defines hemp. Congress passed it in November 2025, and as of October 2026 it is set to take effect in late 2026, though further changes are possible. It's aimed squarely at intoxicating hemp products like THC gummies, THCA flower and delta-8. Here's what it changes, where CBD stands and why much of it will feel familiar to Michigan shoppers.
What people mean by the hemp ban
Since the 2018 farm bill, federal law has defined hemp as cannabis with no more than 0.3% delta-9 THC by dry weight. That test looked at only one form of THC. It left room for flower rich in THCA, which turns into THC when heated, and for intoxicating cannabinoids converted from hemp CBD.
Those gaps grew into a national market of hemp-derived THC products sold online and in convenience stores. In November 2025, Congress rewrote the definition of hemp inside a federal spending law. People call it the hemp ban, or hemp ban 2025, because most intoxicating hemp products would no longer count as legal hemp. Non-intoxicating hemp stays legal.
What the federal change targets
The new definition, in Section 781 of that November 2025 law, changes the test in five ways:
- Total THC, not just delta-9. Hemp must stay at or below 0.3% total THC by dry weight, and THCA now counts.
- A per-container cap. A finished hemp-derived cannabinoid product can't hold more than 0.4 mg combined of total THC and other cannabinoids with similar effects per container. "Container" means the innermost package that touches the product.
- No cannabinoids made outside the plant. Products with cannabinoids the plant can't naturally produce, or that were synthesized or manufactured outside the plant, don't qualify.
- No consumer sales of in-between products. Extracts meant for further processing can't be sold straight to consumers.
- Lists from the FDA. The law told the FDA to publish lists of naturally occurring cannabinoids, THC-class cannabinoids and cannabinoids with similar effects within 90 days.
Timing, as of October 2026. The law was written to take effect 365 days after it was signed on November 12, 2025, which points to November 12, 2026. A stopgap spending law signed September 2, 2026 narrowed what starts then. From then until December 11, 2026, the new definition applies only to products with cannabinoids the plant can't make naturally. The rest is scheduled for December 11, 2026, and Congress could still change it.
Products most affected by the hemp THC ban
- Intoxicating hemp gummies and drinks. Many carry several milligrams of THC per serving, far above a 0.4 mg limit for the whole container.
- THCA flower and pre-rolls. Once THCA counts toward total THC, most of this flower no longer fits the hemp definition.
- Delta-8 and other converted cannabinoids. Products made by chemically converting hemp CBD run into the exclusion for cannabinoids made outside the plant. That's why some people call it a delta-8 ban. Our delta-8 vs. delta-9 comparison explains the chemistry.
- Hemp THC vapes and concentrates. These face the same total-THC and per-container limits as everything else.
Hemp products with little or no THC, like many CBD items, are far less affected, as the CBD section below explains.
Hemp-derived vs. state-regulated cannabis
Hemp-derived THC products have lived under federal hemp law, while marijuana products answer to each state's cannabis regulator. The difference shows up in how products are made, tested and sold:
| Hemp-derived THC products | Michigan licensed cannabis | |
|---|---|---|
| Who oversees it | Federal hemp law, with state rules varying | Michigan's Cannabis Regulatory Agency |
| Testing and labels | Depends on the state | Required testing; labels list THC and CBD content and the testing lab |
| Who can buy | Varies by state and store | Adults 21 and older, plus medical card holders 18 and older |
| Where it's sold | Online, convenience stores, smoke shops | Licensed stores |
Our guides to hemp vs. marijuana and licensed vs. unlicensed cannabis go deeper on both systems.
What shoppers may notice
How much changes will depend on enforcement and on anything else Congress does. Around the country, shoppers may see:
- Fewer intoxicating hemp products in convenience stores, smoke shops and online.
- Reformulated products, such as CBD items brought under 0.4 mg of total THC per container.
- New or revised labels as makers adjust.
- Some hemp THC brands shifting into state-licensed cannabis markets where states allow it.
Michigan shoppers may notice less than most, because the state already routes delta-8 and THCA-rich flower through licensed marijuana businesses.
What the hemp ban means for non-intoxicating CBD
The new definition doesn't mention CBD by name. A CBD product can still count as hemp if its cannabinoids come from the plant rather than a lab. The finished product also has to stay within the 0.4 mg per-container cap on total THC and THC-like compounds.
- CBD isolate and broad-spectrum products, which contain little or no THC, fit that test most easily.
- Full-spectrum CBD products carry trace THC that adds up across a whole bottle or jar, so some may need to be reformulated.
- Hemp foods and fibers, like hemp seeds, seed oil and fiber, fall under a separate industrial hemp definition.
So is CBD still legal? As of October 2026, yes: CBD products that meet the current hemp definition are legal hemp under federal law, and those that also fit the new definition are set to stay that way.
How Michigan regulates intoxicating hemp products
When it comes to hemp-derived THC, Michigan got ahead of Congress on several of these issues:
- THCA counts. Under Michigan law, cannabis with more than 0.3% THC, counting THCA, is marijuana that only licensed marijuana businesses may sell. At 0.3% or less, it's industrial hemp. Our THC vs. THCA guide explains why that matters.
- Delta-8 is marijuana. Since October 11, 2021, only businesses licensed by the Cannabis Regulatory Agency may sell delta-8 THC in Michigan.
- Hemp processing is licensed. Processing or selling industrial hemp requires a processor-handler license from the CRA.
For the rest of Michigan's rules, from possession limits to where you can consume, see our Michigan cannabis law guide.
Label checks: total THC, mg per container and lab results
Whatever happens in Washington, the label tells you a lot:
- Total THC. For flower, look for a total THC figure that includes THCA. For edibles and drinks, look for milligrams per serving and per package.
- Milligrams per container on hemp products. Under the new federal definition, a finished hemp product is set to be capped at 0.4 mg of total THC per container.
- Testing details. Michigan marijuana labels must list THC and CBD content, the testing lab and the test date, along with the state's universal THC symbol and required warnings.
- Batch match. If a product offers a lab report, make sure its batch number matches the package in your hand.
Staying informed: official sources, and why changes lag
Hemp law has been a moving target, so go to the source when you can:
- Federal law text on govinfo.gov and congress.gov.
- The FDA for the cannabinoid lists the law calls for, and the USDA, which oversees hemp growing.
- Michigan's Cannabis Regulatory Agency for state rules and bulletins.
Changes lag for a few reasons. Laws often set effective dates months out, and Congress can delay or rewrite them, as the September 2026 stopgap did. Agencies then need time for guidance, and enforcement and state laws move on their own schedules.
If you'd rather skip the uncertainty, products at High Society come from trusted vendors and have passed Michigan's testing standards. Browse the menu at your nearest store, and bring a valid government-issued ID.
