The Farm Bill 2018 left many loopholes for redefining the legal definition of hemp, as the bill exclusively defined the hemp-derived products illegal based on their Delta-9 THC concentration. Based on this narrow definition, manufacturers were legally allowed to manufacture and sell cannabis or hemp products containing intoxicating cannabinoids.
Since the other laws only restricted Delta THC-9, the other intoxicating cannabinoid products became broadly unregulated. These legal loopholes in the Farm Bill 2018 created substantial challenges for traditional employers. Workers purchased items labelled as legal hemp, consumed them, and then triggered the unwanted positive drug test on workplace.
To address these legal loopholes in the 2018 Farm Bill and public health safety concerns, a new law has been imposed to ban Delta-8 and THCA which will come into effect after November 2026. In this article, we are going to address this new federal hemp law and how it is affecting other types of THC as well.
How Does the New Federal Law Affect the Cannabis Industry?
As for the federal hemp rules, the new law is changing how the THC-based products are being classified by the manufacturers, distributors and consumers. Let's talk about how each type of cannabidiol is being classified under the new law, which is going to take effect starting from November 12, 2026:
Delta-9 THC vs Total THC
The new federal law redefines how the U.S. government classifies legal hemp. Instead of measuring the legality based on Delta-9 THC concentration (as in the Farm Bill 2018), the regulations will be imposed based on the total amount of THC. In simple words, the new legislation states that the THC manufacturers will no longer be able to bypass restrictions by synthesizing different THC variations.
Delta-8 THC
In addition to the Delta-9, the new November 2026 law completely bans the Delta-8 THC since it is classified as an intoxicating compound which is mostly synthesized by the manufacturers as a legal form of CBD. Based on the previous 2018 Farm Bill, Delta-8 THC was derived from legal hemp instead of marijuana, while companies significantly labelled it as the legal alternative to CBD.
THCA
Just like the Delta-8 THC, the November 2026 law also bans THCA. The thing is, THCA is labelled as non-intoxicating on the paper if it is in the raw form or unheated form. But if it is bypassed through the process of decarboxylation (which means if it is heated or smoked), then it becomes intoxicating for consumption.
Limitation on Total THC
A major quantity of THC products is classified as full-spectrum CBD products due to their successful chemical formulation on the commercial level. As a result, such formulation is purposely made to retain traces of THC in order to stimulate the endocannabinoid system to feel the entourage effect.
But the new law dictates a strict cap on the amount of THC found in the CBD products, according to which instead of a percentage, the acceptable legal product should have less than 0.4 milligrams of total THC per container.