Public policy observationFederal hemp definition changes in 41 daysOct 2, 2026

Terracotta

Hemp + Cannabis Policy, With Sources and Gaps

The Hemp Timeline

The sourced arc from prohibition (1937) through legalization, the hemp era, and scheduled federal milestones. 177 recorded events. The §781 total-THC change takes effect in 41 days; future milestones are labeled Scheduled.

2026

Nov 12, 2026
Scheduled

Pennsylvania — Federal Total-THC Adoption (Effective November 12 2026)

Pennsylvania currently permits THCA hemp products (<0.3% delta-9), but pending state legislation (Senate Committee March 2026) would bar intoxicating hemp-derived THC products; federal total-THC standard takes effect November 12 2026.

State Law PA
Nov 12, 2026
Scheduled
Key

Illinois SB 3222 — New Hemp Act & Synthetic Ban (Effective November 12 2026)

Illinois SB 3222, signed June 12 2026, takes effect November 12 2026, redefining hemp to total-THC standard (0.4 mg per container), banning smokable/inhalable hemp, and restricting synthetic cannabinoids including delta-8 and delta-10.

State Law IL
Nov 12, 2026
Scheduled
Key

Section 781 of P.L. 119-37 Takes Effect; New Hemp Definition Enforceable

Section 781 hemp redefinition becomes effective 365 days after November 12, 2025 enactment; total THC <0.3% dry-weight and <0.4mg per container limits now enforceable; prior delta-9-only standard expires; vast majority of hemp-derived cannabinoid products become federally non-compliant.

Federal Law
Jul 15, 2026
Key

North Carolina HB 328 — Hemp Crackdown (Pending)

North Carolina SB (House version) HB 328, passed by Senate July 2026 but delayed in House until November 2026, would ban all intoxicating hemp products (total THC >0.4 mg) and synthetic kratom, with phased implementation starting July 15 2026.

State Law NC
Jul 9, 2026
Key

New Hampshire SB 624 — Hemp-Derived THC Restrictions

New Hampshire SB 624, passed July 9 2026 with portions effective January 1 2027, restricts hemp-derived THC to 0.4 mg per container, prohibits sales to anyone under 21, and creates penalties for violators.

State Law NH
Jun 29, 2026

DEA Begins Administrative Hearing on Marijuana Rescheduling per Trump E.O. Directive

DEA hearing on proposed rescheduling of marijuana to Schedule III commences June 29, 2026, following E.O. 14370 directive to expedite process; hearing conducted to build additional administrative record before final rule.

Federal Rule
Jun 1, 2026

Hemp Companies File Lawsuits Challenging DEA HHC Classification as Synthetic Schedule I

IHC Investments and Bluestar Operations file petitions in 9th and 4th Circuits against DEA/DOJ challenging classification of hemp-derived hexahydrocannabinol (HHC) as synthetic THC under Schedule I, arguing HHC occurs naturally in hemp.

Litigation
Apr 28, 2026

DEA Issues Final Rule on FDA-Approved Marijuana Products Rescheduling to Schedule III

DEA publishes final rule rescheduling FDA-approved medical marijuana products and state-regulated medical marijuana products from Schedule I to Schedule III of the Controlled Substances Act.

Federal Rule
Apr 28, 2026

DEA Withdraws Prior Hearing Notice; Terminates December 2024 Proceedings per Trump E.O.

In response to E.O. 14370, DEA terminates all pending hearing proceedings related to the May 21, 2024 NPRM and initiates new hearing schedule effective June 29, 2026 to expedite completion of rescheduling process.

Federal Rule
Mar 31, 2026
Key

Texas DSHS Total-THC Hemp Rule

Texas DSHS adopted a total-THC hemp rule (delta-9 + THCA at 0.3% dry weight) effective March 31 2026, banning most smokable hemp products; rule faced court injunctions and reinstatement via Executive Order GA-56.

State Law TX
Mar 31, 2026

Texas DSHS Implements New Hemp Rule Calculating THC via Total Content; Industry Challenges

Texas Department of State Health Services rule effective March 31, 2026 redefines hemp compliance testing to include both delta-9 THC and THCA, effectively banning most smokable hemp products; rule challenged in state court.

Market TX
Mar 20, 2026
Key

Ohio SB 56 — Intoxicating Hemp Ban

SB 56 (signed Dec 19, 2025) banned intoxicating hemp — delta-8/10, THCA, >0.4 mg total THC per container — outside licensed dispensaries effective March 20, 2026.

State Law OH
Feb 1, 2026

H.R. 7010 Proposed to Delay Section 781 Implementation from Nov 2026 to Nov 2028

H.R. 7010 introduced in 119th Congress to extend Section 781 implementation deadline by two years to November 12, 2028, citing industry compliance burden and transition challenges; bill status pending as of August 2026.

Federal Law
Jan 12, 2026
Key

New Jersey P.L. 2025 c.215 — Intoxicating Hemp Law

New Jersey Governor Murphy signed P.L. 2025 c.215 on January 12 2026, restricting intoxicating hemp-derived products (delta-8, delta-9, delta-10, THCA) to >0.3% THC, with sales transitioning to licensed liquor stores/dispensaries by November 13 2026.

State Law NJ

2025

Dec 18, 2025
Key

President Trump Issues E.O. 14370 Directing Expedited Marijuana Rescheduling to Schedule III

Executive Order 14370 directs Attorney General to complete marijuana rescheduling to Schedule III in most expeditious manner; voids prior December 2024 hearing and triggers new hearing proceedings effective June 29, 2026.

Federal Law
Dec 1, 2025
Key

Michigan CRA — THCA Treated as Marijuana

Michigan's Cannabis Regulatory Agency treats hemp-derived THCA products as marijuana, restricting retail sales to licensed dispensaries. Senate passed Bill 28-7 in late 2025 formalizing that intoxicating hemp must route through the licensed system.

State Law MI
Nov 12, 2025

P.L. 119-37 Section 781 Requires FDA to Publish Lists of Naturally Occurring Cannabinoids

Section 781 mandates FDA within 90 days of enactment (P.L. 119-37, Nov 12, 2025) publish lists of naturally occurring cannabinoids, THC class cannabinoids, and known cannabinoids with THC-like effects; also requires defining term 'container' for product limits.

Federal Law
Nov 12, 2025
Key

P.L. 119-37 Section 781 Enacted; Hemp Redefined by Total THC + 0.4mg Container Cap

President Trump signs FY2026 Agriculture appropriations (P.L. 119-37), which includes Section 781 redefining hemp by total THC concentration (not delta-9 alone) at <0.3% dry-weight basis and limiting final hemp-derived products to 0.4mg THC per container.

Federal Law
Sep 1, 2025
Key

California AB 8 — Hemp THC into Cannabis Market

California AB 8, signed by Governor Newsom September 2025 and effective January 1 2026, moves smokable hemp (THCA flower, prerolls) from the unregulated market into the licensed cannabis dispensary system and bans synthetic cannabinoids.

State Law CA
Aug 1, 2025
Key

Delaware — THCA Restricted to Licensed Cannabis System

Delaware treats all tetrahydrocannabinols (including THCA, delta-8) as Schedule I controlled substances outside the licensed cannabis system under 16 Del. C. § 4714; adult-use retail opened August 1 2025 as sole legal channel for intoxicating products.

State Law DE
Aug 1, 2025
Key

New Mexico Emergency Hemp Rule — Synthetic Ban

New Mexico Environment Department issued emergency amendment (August 1 2025) banning synthetic cannabinoids (delta-8, delta-10, HHC) in hemp finished products; finalized as permanent rule after December 2 2025 hearing.

State Law NM
Jul 1, 2025
Key

Maryland SB 214 & HB 12 — ATCC Hemp Regulation

Maryland SB 214 and HB 12 (effective July 1 2025) empower the Alcohol, Tobacco, and Cannabis Commission to regulate non-cannabis THC products; Appellate Court held (September 9 2025) that intoxicating hemp (THCA, delta-8) is illegal outside licensed dispensaries.

State Law MD
Jul 1, 2025
Key

Alabama HB 445 — THCA Felony & Smokable Ban

Alabama's HB 445 classifies the manufacture, distribution, and sale of smokable hemp (THCA flower, vapes) as a Class C felony with up to 10 years imprisonment, effective July 1 2025, while capping edibles at 10 mg servings.

State Law AL
Jun 22, 2025
Key

Texas SB 3 — Abbott's Hemp Ban Veto

Texas Governor Greg Abbott vetoed SB 3 on June 22 2025, which would have banned hemp-derived THC, citing unconstitutional vagueness and unenforceable legal challenges; instead called a special session to pursue regulations.

State Law TX
May 21, 2025
Key

Tennessee Public Chapter 526 — TABC Takeover & Total-THC

Tennessee Public Chapter 526 (HB 1376), signed May 21 2025, transfers hemp-derived cannabinoid oversight from TDA to TABC, reclassifies THCA above 0.3% as marijuana, and defines total THC as THCA×0.877 + delta-9.

State Law TN
May 15, 2025

West Virginia ABCA Retail Rule — Hemp & Kratom Licensing

West Virginia legislative rule effective May 15 2025 grants Alcohol Beverage Control Administration investigative and permitting authority over hemp and kratom retail, setting age-control and labeling standards.

State Law WV
May 7, 2025
Key

Utah HB 54 — Synthetic Cannabinoid Ban & Smokable Flower Restrictions

Utah HB 54, effective May 7 2025, expands the ban on synthetic cannabinoids (delta-8, delta-10, HHC) and reinforces the smokable hemp flower prohibition; products capped at 5 mg THC per serving, 150 mg per package.

State Law UT
May 1, 2025
Key

Montana SB 375 — Hemp Products with THC Ban

Montana SB 375 (2025) bans retail sale of all hemp products containing detectable THC unless FDA-approved, eliminating nearly all intoxicating hemp from the market.

State Law MT
May 1, 2025

Nebraska LB 316 — Hemp Ban Proposal (Stalled)

Nebraska LB 316 (2025) would ban most consumable hemp by redefining hemp to total-THC standard (0.3%) and capping products at 10 mg per package; stalled in legislature May 2025, carried over to 2026.

State Law NE
Apr 21, 2025

Oklahoma Governor Stitt Directive — Synthetic Cannabinoid Crackdown

Oklahoma Governor Stitt issued April 21 2025 directive targeting delta-8, delta-10, HHC, THC-O, and THCP enforcement; THCA flower remains legal under 0.3% delta-9 standard, though federal total-THC changes loom November 12 2026.

State Law OK
Apr 7, 2025
Key

Montana HB 49 — Intoxicating Hemp Cap

Montana HB 49, signed April 7 2025, caps hemp products at 0.5 mg delta-9 THC per serving and 2 mg per package, effectively banning most intoxicating hemp beverages and edibles from retail.

State Law MT
Mar 1, 2025

Kansas SB 292 — Intoxicating Hemp Regulation (Pending)

Kansas SB 292 (2025) proposes age-21+ restrictions and labeling requirements for intoxicating hemp; remains in committee. Kansas currently uses 0.3% total-THC standard; vapes, cigarettes, and flower banned at retail.

State Law KS
Mar 1, 2025

H.R. 6209 American Hemp Protection Act Introduced to Block Section 781

Rep. Mary Miller and colleagues introduce H.R. 6209 to repeal Section 781 hemp redefinition provisions and maintain 0.3% delta-9 THC standard; bill reflects industry opposition to November 2026 implementation deadline.

Federal Law
Feb 1, 2025

Hemp Planting Predictability Act (S. 3686 / H.R. 7024) Introduced to Delay Rules

S. 3686 and H.R. 7024 introduced to provide regulatory certainty and delay hemp definition changes; bills seek to give industry time to transition to Section 781 compliance before November 12, 2026 effective date.

Federal Law
Jan 1, 2025
Key

Nevada SB 356 — Intoxicating Hemp into Cannabis Dispensaries

Nevada SB 356 (2025) closes the hemp retail channel for intoxicating products, routing them to cannabis dispensaries with 10 mg servings/100 mg packages; effective 2025, following SB 49 (2021) all-isomer THC definition.

State Law NV

2024

Dec 6, 2024
Key

Hawaii DOH Interim Hemp Rules — Product Bans & Potency Caps

Hawaii Department of Health interim rules (effective December 6 2024) ban gummies, inhalables (flower, vapes), and foods/beverages containing hemp; allow only tablets, capsules, powders, and liquids at ≤1 mg THC per serving; THCA flower prohibited.

State Law HI
Dec 1, 2024

Congress Enacts Second One-Year Farm Bill Extension Through FY2025 Crop Year

Congress enacts second one-year extension covering FY2025 and the 2025 crop year; hemp programs continue under 2018 Farm Bill definitions as Congress debates hemp-related amendments in farm bill proposals.

Farm Bill
Oct 1, 2024

Connecticut PA 24-76 — Moderate-THC Hemp Tier

Connecticut PA 24-76 (HB 5150), signed May 11 2024 and effective October 1 2024, creates a regulated 0.5-5 mg total THC per container hemp tier; sales restricted to cannabis establishments and DCP licensees as of January 1 2025.

State Law CT
Sep 23, 2024
Key

California DPH Emergency Hemp Rules — Intoxicating Ban

California DPH-24-005-E, approved September 23 2024, bans hemp products with detectable total THC per serving, restricts sales to age 21+, and imposes 5-serving-per-package limits on intoxicating hemp edibles and beverages.

State Law CA
Sep 1, 2024
Key

Missouri Executive Order 24-10 — Hemp THC Ban

Missouri Governor Mike Parson signed Executive Order 24-10 in August 2024, banning the sale of unregulated hemp products containing delta-8, delta-10, and other psychoactive cannabinoids effective September 1 2024, sparking industry litigation.

State Law MO
Aug 29, 2024

DEA Publishes Notice of Hearing on Marijuana Rescheduling; Hearing Set for December 2, 2024

DEA announces administrative hearing on proposed marijuana rescheduling to commence December 2, 2024 at Arlington facility; participation notice deadline September 30, 2024; hearing addresses public comments on the May 2024 NPRM.

Federal Rule
Jul 1, 2024

Iowa HF 2605 — Hemp Product Regulation

Iowa HF 2605, signed by Governor Reynolds May 17 2024 and effective July 1 2024, caps hemp edibles at 0.3% total THC or 4 mg per serving/10 mg per package, requires state packaging/labeling standards, and prohibits sales to under-21.

State Law IA
Jun 7, 2024

Florida SB 1698 — DeSantis Hemp Veto

Florida Governor DeSantis vetoed SB 1698 on June 7 2024, which would have banned delta-8 THC and imposed strict hemp regulations, citing excessive regulatory burden on small businesses.

State Law FL
Jun 1, 2024
Key

Arizona Attorney General Opinion — Synthetic Hemp Ban

Arizona's 2024 Attorney General opinion treats intoxicating hemp products (delta-8, THCA flower, HHC) as Schedule I controlled substances outside the cannabis dispensary system, banning retail sales outside licensed channels.

State Law AZ
Jun 1, 2024
Key

Vermont — Intoxication-Based Hemp Restriction & Total-THC Limit

Vermont defines acceptable hemp potency at ≤0.3% delta-9 and ≤1.0% total theoretical THC (delta-9 + THCA×0.877) by dry weight; restricts high-THCA hemp products (THCA flower, concentrates) to licensed cannabis dispensaries only.

State Law VT
Jun 1, 2024
Key

Colorado — Synthetic Hemp Cannabinoid Ban & Enforcement

Colorado's 2022-2023 hemp legislation banned synthetic cannabinoids (delta-8, delta-10) from manufacture and sale; 2025 regulations set strict potency ratios (25:1 CBD:THC) and caps. Inspection/audit frequency increased Q2 2024 onwards.

State Law CO
Jun 1, 2024
Key

Louisiana Act 752 — Smokable Hemp Ban

Louisiana Act 752 (HB 952), signed June 2024 and effective January 1 2025, bans all smokable and inhalable hemp products including THCA flower, prerolls, and vapes at retail, while permitting non-inhalable edibles and tinctures.

State Law LA
Jun 1, 2024

House and Senate Propose Hemp Amendments Restricting Synthetics and Intoxicating Products

H.R. 8467 (House Farm Bill) and H.R. 9027 §760 (FY2025 Ag Appropriations) both propose amending 7 U.S.C. §1639o to include total THC limits and restrict synthetic cannabinoids; neither enacted, foreshadowing December 2025 Section 781.

Federal Law
May 21, 2024
Key

DEA Issues Notice of Proposed Rulemaking to Transfer Marijuana to Schedule III

DOJ/DEA publishes NPRM in Federal Register proposing to transfer marijuana from Schedule I to Schedule III consistent with HHS recommendation; public comment period closes July 22, 2024; hearing request deadline June 20, 2024.

Federal Rule
May 1, 2024

Massachusetts DPH — Hemp-Derived CBD/THC Food Ban

Massachusetts Department of Public Health (May 2024) banned hemp-derived CBD and THC from food, beverages, and dietary supplements; THCA flower and concentrates remain available, but hemp edibles face restrictions at point-of-sale.

State Law MA
Apr 30, 2024
Key

Georgia SB 494 — Hemp Farming Act & Licensing

Georgia's SB 494, signed April 30 2024 and effective October 1 2024, establishes state licensing and testing for hemp manufacturers and retailers while capping products at 0.3% delta-9 THC, with a 21+ age restriction.

State Law GA
Mar 1, 2024

Mississippi HB 1676 — Intoxicating Hemp Regulation (Pending)

Mississippi HB 1676 (2024) proposes state testing and approval for intoxicating hemp products including THCA, delta-8, and delta-10; defines total THC including THCA conversion. Status pending in legislature.

State Law MS
Mar 1, 2024
Key

Oregon HB 4121 & HB 3825 — Synthetic Hemp Ban

Oregon HB 4121 (March 2024) and HB 3825 (2025) ban artificially derived cannabinoids (delta-8, delta-10, CBN) from hemp; HB 4121 limits edibles to 2 mg THC/serving, 20 mg/container. Hemp retailers require ODA licenses (July 1 2024) and OLCC Hemp Registry (January 1 2026).

State Law OR
Jan 1, 2024
Key

Kentucky — Hemp-Derived Cannabinoid Registry & Flower Ban

Kentucky's 302 KAR 50:070 bans retail hemp flower sales; THCA products (vapes, edibles, tinctures) must be registered and capped at 0.3% total THC calculated post-decarboxylation; out-of-state manufacturers must register annually.

State Law KY
Jan 1, 2024

South Carolina HB 4628 — Hemp-Derived Cannabinoid Regulation (Pending)

South Carolina HB 4628 (2024) would establish state licensing and testing for hemp-derived cannabinoid products (delta-8, delta-10, THCA) with age 21+ restrictions and packaging requirements; referred to committee, status pending.

State Law SC
Jan 1, 2024
Key

Minnesota OCM — Post-Decarboxylation Total-THC Testing

Minnesota's Office of Cannabis Management applies post-decarboxylation total-THC testing to hemp (delta-9 + THCA×0.877), effectively banning THCA flower at hemp retail; smokable cannabis only legal through licensed dispensaries.

State Law MN

2023

Nov 1, 2023

Congress Enacts One-Year Farm Bill Extension for 2024 (P.L. 118-22)

P.L. 118-22, Division B, §102 extends 2018 Farm Bill programs for one additional year covering 2024; hemp provisions continue under existing 0.3% delta-9 THC standard pending comprehensive farm bill reauthorization.

Farm Bill
Aug 29, 2023

HHS Recommends Rescheduling Marijuana to Schedule III Based on Medical Evidence

HHS submits scientific and medical evaluation to DEA recommending marijuana be transferred from Schedule I to Schedule III, citing evidence of accepted medical use in treating pain, chemotherapy nausea, and anorexia; over 30,000 practitioners authorized to recommend it.

Federal Law
Jul 1, 2023
Key

Virginia SB 903 — Total-THC Hemp Standard

Virginia's SB 903 established a strict total-THC standard (delta-9 + 87% THCA) capped at 0.3% by dry weight and 2 mg per retail package, creating the first state-level total-THC hemp definition that federal courts upheld as not preempted by the 2018 Farm Bill.

State Law VA
Jun 1, 2023
Key

Washington SB 5367 — Hemp THC into Cannabis Channel

Washington SB 5367 (2023) reclassifies hemp products with >0.3% total THC as cannabis, restricting THCA flower, delta-8 edibles, and hemp-derived delta-9 to licensed cannabis retailers only; WSLCB enforcement ongoing through 2024-2025.

State Law WA
Apr 1, 2023
Key

Arkansas Act 629 — Hemp-Derived THC Ban

Arkansas Act 629 classifies intoxicating cannabinoids (delta-8, delta-10, synthetics) as Schedule VI controlled substances and bans hemp-derived products that convert to delta-9 THC, including THCA flower and concentrates.

State Law AR

2022

Nov 15, 2022

Kentucky Executive Order: Delta-8 Not Controlled Substance

Governor Andy Beshear issued executive order November 15, 2022 declaring delta-8 is not a controlled substance under Kentucky law or federal law, overturning state Department of Agriculture's 2021 ban after Hemp Association court victory.

State Law KY
Jun 30, 2022

North Carolina SL 2022-32: Hemp THC Exemption

North Carolina passed permanent legislation SL 2022-32 on June 30, 2022 declassifying hemp as controlled substance and exempting tetrahydrocannabinols in hemp products containing <0.3% delta-9 THC on dry weight basis.

State Law NC
Jun 1, 2022
Key

Minnesota HF 4065: Hemp-Based Intoxicant Limits

Minnesota House File 4065 signed into law June 2022 established legal framework for hemp-derived edibles and beverages limited to 5mg THC per serving, 50mg per container, effectively restricting high-potency delta-8 products.

State Law MN
May 31, 2022
Key

Colorado SB 22-205: Intoxicating Hemp Regulation

Colorado SB 22-205 passed May 31, 2022 prohibiting chemical conversion of hemp to delta-8 and other cannabinoids, establishing task force to regulate intoxicating hemp. Codified restrictions on artificial cannabinoids.

State Law CO
May 19, 2022
Key

9th Circuit Rules Delta-8 THC from Hemp Lawful Under 2018 Farm Bill in AK Futures v. Boyd Street Distro

U.S. Court of Appeals for the Ninth Circuit holds that the plain text of the 2018 Farm Bill legalizes delta-8 THC products derived from hemp meeting the 0.3% delta-9 THC threshold, affirming trademark protection for AK Futures' delta-8 products.

Litigation
Apr 1, 2022

Pennsylvania Senators: Delta-8 Ban Intent Memo

Pennsylvania Senators Sharif Street and Judith L. Schwank issued April 2022 memorandum describing intent to introduce legislation banning delta-8 THC, though smokable hemp remained legally available in private spaces.

State Law PA
Mar 1, 2022

Arizona SB 1715: Delta-8 Manufacturing Felony Proposal

Arizona Senate passed SB 1715 in March 2022 to make manufacturing and sales of delta-8 THC a felony. State's industrial hemp law notably excluded hemp extracts and derivatives from protected definition.

State Law AZ
Jan 1, 2022

Maine LD 1942: 2018 Farm Bill Compliance

Maine passed LD 1942 during 2021-2022 period to transition hemp program from 2014 Farm Bill authority to 2018 Farm Bill compliance. Delta-8 remained legal; state maintained unregulated hemp-based intoxicants framework.

State Law ME
Jan 1, 2022

Virginia VDACS: Total Delta-9 THC Standard

Virginia Department of Agriculture and Consumer Services began regulating industrial hemp production January 1, 2022 using post-decarboxylation delta-9 THC testing (total delta-9 THC), limiting hemp crops to 0.3% THC concentration.

State Law VA
Jan 1, 2022

Rhode Island: Delta-8 Schedule I Classification

Rhode Island classified delta-8 THC as Schedule I controlled substance under Uniform Controlled Substances Act around 2022, fully prohibiting hemp-based intoxicants despite earlier hemp legalization.

State Law RI
Jan 1, 2022

Illinois IDOA: Delta-8 Synthetic Processing Ban

Illinois Department of Agriculture issued 2022 notice banning synthetic processing of hemp-derived delta-8 THC in the state, though no legislation was formally passed to codify the prohibition.

State Law IL
Jan 1, 2022

Hemp-Derived Cannabinoid Market Expands to $24+ Billion; Delta-8 and Novel Cannabinoids Proliferate

Following 2022 AK Futures ruling, hemp-derived cannabinoid products (delta-8, delta-10, THC-O, HHC) proliferate nationwide; products marketed in formats mimicking snack brands; FDA and health agencies issue warnings about safety and potency.

Market

2021

Dec 15, 2021

USDA Announces Initial Delay in Enforcing DEA Lab Registration Requirement; Extended to 2023

USDA delays enforcement of requirement that all hemp testing must be performed by DEA-registered laboratories due to inadequate testing capacity; deadline extended from January 1, 2023 to December 31, 2023, later extended further to December 2025.

Federal Rule
Nov 1, 2021
Key

New York Cannabis Control Board: Delta-8 & Smokable Hemp Ban

New York Cannabis Control Board approved final cannabinoid hemp regulations in November 2021 explicitly prohibiting delta-8 THC and smokable hemp products, with temporary ban implemented May 2021 made permanent.

State Law NY
Oct 6, 2021
Key

California AB 45: Hemp Product Legalization

Governor Gavin Newsom signed AB 45 permitting manufacture and sale of hemp-derived products including CBD in food, beverages, supplements, and cosmetics with <0.3% THC, with mandatory lab testing and labeling requirements.

State Law CA
Oct 4, 2021

South Carolina AG Advisory: Delta-8 THC Illegality

South Carolina Attorney General Alan Wilson issued advisory opinion October 4, 2021 stating delta-8 and other THC isomers are not protected under Hemp Farming Act, creating uncertainty around product legality though opinion was not binding on courts.

State Law SC
Sep 1, 2021

Alaska SB 27: Permanent Hemp Pilot Program

Governor Mike Dunleavy signed SB 27 in September 2021 creating permanent hemp pilot program compliant with 2018 Farm Bill. State law does not exempt hemp-derived delta-8 from controlled substances classification.

State Law AK
Aug 15, 2021

DEA Issues Legal Opinion on Delta-8 THC Derived from Hemp; Classification as Controlled Substance

DEA releases opinion letter clarifying delta-8 THC extracted from hemp (delta-9 THC <0.3%) is hemp-derived and not controlled, but delta-8 THC synthesized from non-cannabis materials is synthetic THC and Schedule I controlled substance.

Federal Rule
Jul 19, 2021
Key

Oregon HB 3000: Intoxicating Hemp Oversight Framework

Governor Kate Brown signed HB 3000 giving Oregon Liquor and Cannabis Commission authority over hemp industry and delta-8 products. Created 'adult use cannabinoid' definition capturing delta-8, delta-9, and intoxicating isomers, effective July 1, 2022.

State Law OR