The 2025 Hemp Act: What You Need to Know
On November 12, 2025, Congress signed new federal legislation that redefines hemp and places strict new limits on THC in consumer products. Here's what it means for you and the products you love.
Enforcement begins November 12, 2026 — one year from the date of enactment
What Changed
The Old Definition
- ✓Hemp defined as cannabis with less than 0.3% delta-9 THC on a dry-weight basis
- ✓Only delta-9 THC was measured — other cannabinoids like THCA, delta-8, and delta-10 were not restricted
- ✓No per-container milligram limits on finished products
The New Definition
- Hemp redefined as cannabis with less than 0.3% total THC (including THCA) on a dry-weight basis
- Finished products cannot exceed 0.4 milligrams of total THC per container
- Products exceeding these limits would be classified as a controlled substance under federal law
The 0.4 mg Container Limit, Explained
The most impactful change is the new per-container THC cap of 0.4 milligrams. “Container” is defined as the innermost packaging that encloses the final product for retail sale — a bottle, bag, box, can, or cartridge.
To put that in perspective: a typical full-spectrum CBD tincture may contain anywhere from 2 to 30+ milligrams of total THC across the entire bottle. Under the new rules, that product would exceed the limit and could no longer be sold as “hemp” at the federal level.
This limit is so strict that it affects far more than just the high-THC products that prompted the legislation. Many everyday full-spectrum CBD oils, gummies, and topicals that contain naturally occurring trace amounts of THC could be caught up in this change.
Products Most Likely Affected
- ● Full-spectrum CBD tinctures and oils
- ● THC-containing gummies and edibles
- ● Hemp-derived delta-8, delta-10, and THCA products
- ● Some full-spectrum topicals and balms
- ● Hemp-infused beverages
Products Less Likely Affected
- ● Broad-spectrum CBD products (THC removed)
- ● CBD isolate products
- ● Topical products with very low THC concentrations
- ● CBG, CBN, and other non-THC cannabinoid products
How This Impacts the Hemp Industry
The 2018 Farm Bill opened the door for a booming hemp industry across the country. Small businesses, family farms, and wellness brands built their livelihoods around hemp-derived products that were legal under that framework.
The 2025 legislation effectively narrows the definition of hemp so significantly that a wide range of products — many of which have been safely sold for years — will fall outside the legal definition once enforcement begins.
For consumers, this could mean reduced access to full-spectrum products that many people have incorporated into their daily wellness routines. For businesses like ours, it means adapting our product selection while continuing to serve our community with the best options available.
What We're Doing
We will continue to sell all of our hemp-derived products — including those containing THC — until the November 2026 enforcement deadline. Everything we carry is legal today, and we stand behind the quality and safety of every product on our shelves.
As the enforcement date approaches, we'll be working closely with our brands and suppliers to understand which products will be reformulated, which will remain compliant, and what new options become available. We're committed to keeping you informed every step of the way.
We also carry a wide selection of broad-spectrum and isolate-based CBD products that are not expected to be affected by these changes. These products deliver the wellness benefits of CBD without the THC component.
Stock Up While You Can
If you love your full-spectrum products, now is the time to stock up. We don't know exactly how things will shake out once federal enforcement begins, and some of your favorite products may change or become unavailable.
The good news: you have until November 2026. Everything in our store is legal and available right now. Take advantage of the time you have.
Common Questions
Are CBD products being banned?+
No. CBD itself is not being banned. The new law restricts the amount of THC (including THCA) allowed in finished hemp products. Many broad-spectrum and isolate CBD products contain little to no THC and are expected to remain fully compliant.
Can I still buy THC-containing hemp products right now?+
Yes. The new rules don't go into effect until November 12, 2026. Until then, all currently legal hemp products remain available for purchase.
What does 0.4 milligrams per container mean?+
It means the total amount of THC (all forms combined) in the entire product package — not per serving, per container. A bottle of tincture, a bag of gummies, or a single cartridge cannot contain more than 0.4 mg of total THC to be classified as hemp.
Will my favorite product be affected?+
It depends on the product. Full-spectrum products with naturally occurring THC are most likely to be impacted. Broad-spectrum and isolate products are generally expected to remain compliant. We're happy to help you understand what's in your products — just ask.
Could things change before November 2026?+
It's possible. There are ongoing discussions in Congress about the hemp industry, and some lawmakers have introduced measures to adjust these limits. The regulatory landscape could shift. That's another reason to stay informed and stock up on products you rely on.
Will The CBD Store stay open?+
Absolutely. We carry a wide range of products beyond those affected by this legislation, and we'll continue to adapt our selection as the rules evolve. We're not going anywhere.
This page is for informational purposes only and does not constitute legal advice. The information presented here reflects our understanding of Public Law 119-37 (Division B) as of its enactment on November 12, 2025. Regulations, enforcement guidance, and legislative amendments may change. Consult a legal professional for advice specific to your situation.