Cannabis · Federal
Advertising hemp-derived THC after the 2026 federal hemp change
Federal law redefines hemp in two steps. From November 12, 2026, products containing cannabinoids the plant can't naturally produce are no longer hemp. From December 11, 2026, hemp is measured by total THC, including THCA, and finished products with more than 0.4 mg of total THC per container fall outside the definition. Products outside the definition are treated as marijuana under federal law unless Congress acts again.
What changed, and when
Congress rewrote the federal definition of hemp in November 2025 (Pub. L. 119-37, § 781), effective one year later.
A September 2, 2026 law (Pub. L. 119-103) split the start date. The exclusion of cannabinoids the plant can't naturally produce takes effect November 12, 2026. Everything else takes effect December 11, 2026: the total-THC standard that counts THCA, the 0.4 mg-per-container cap, and the exclusion of natural cannabinoids synthesized outside the plant.
What falls outside the new definition
Intermediate products above 0.3% total THC; final products above 0.4 mg total THC (plus similar-effect cannabinoids) per container; products with cannabinoids the plant can't naturally produce; and products with natural cannabinoids synthesized or manufactured outside the plant.
The Congressional Research Service says excluded products are no longer hemp and fall under the Controlled Substances Act as marijuana.
What it means for advertising
A product outside the definition carries the same federal problems as marijuana, so an intoxicating hemp gummy or drink that was sold nationally may not be advertisable after its effective date.
State hemp rules keep applying regardless of the federal delay. Missouri's HB 2641 takes effect November 12, 2026, and California, Colorado, Nevada and New York each have their own hemp limits. See the state pages.
Could the dates move again?
Yes. Bills pending in Congress as of October 17, 2026 include a two-year delay (H.R. 7024 and S. 3686), a repeal (H.R. 6209), and proposals to change the definition or create an FDA framework. None had been enacted. The same September law's government funding also runs out December 11, 2026.
How we handle hemp campaigns
We review every hemp-derived THC campaign against the federal dates and the state's own hemp rules before it runs.
Sources
Questions
Can I still advertise hemp THC gummies or drinks?
Until December 11, 2026, a product that meets the current federal definition and its state's rules may be advertisable. After that, it depends on the product's total THC per container. Confirm with your counsel.
Does this affect CBD?
It can. From December 11, 2026, a final product with more than 0.4 mg of total THC per container falls outside the definition, and many full-spectrum CBD products contain trace THC.
What happens on November 12, 2026?
Products containing cannabinoids the hemp plant can't naturally produce are no longer hemp under federal law. The rest of the change follows on December 11, 2026.
Same rates. Extra care
Published rates, and the cannabis review built into the timeline.
Last reviewed 2026-10-17.
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