New Federal Definition of Hemp Sparks Debate Over Legal Cannabis and THCA Products
A recent change to the federal definition of hemp, tucked into the latest continuing resolution, has reignited the debate over legal cannabis and THCA products. The new definition, set to take effect in November 2026, could outlaw many of the products that have fueled the hemp industry’s rapid growth over the past seven years.
The Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill, allowed hemp production and removed it from the Drug Enforcement Administration’s schedule of Controlled Substances. However, the new provision would redefine hemp to include all forms of THC, including THCA, within the 0.3% limit, and prohibit hemp-derived CBD products manufactured for consumption in beverages, edibles, or vapes.
Industry leaders argue that this change would effectively outlaw more than 95% of all hemp extract products, causing widespread economic damage and disrupting the livelihoods of thousands of small businesses and farmers. The U.S. Hemp Roundtable estimates that the industry employs over 300,000 people and generates $28.4 billion in revenue, with $1.5 billion in state and local tax revenue.
Proponents of the change argue that it is necessary to close a loophole that allows companies to produce intoxicating products that exploit the current definition of hemp. They claim that the new definition would provide federal recognition and protection for non-intoxicating hemp-derived items and clarify federal intent.
However, opponents argue that the change would wipe out existing markets and override state authority, causing economic devastation and disrupting the regulatory frameworks of several states. They also argue that the limit on THC content is too low, making it impossible for products intended to manage pain or anxiety to remain effective.
The debate is likely to continue as lawmakers and industry leaders work to develop a regulatory framework for the hemp industry. In the meantime, the industry is bracing for the potential impact of the new definition, which could have far-reaching consequences for the future of legal cannabis and THCA products.
