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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.