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.

2021

Jul 13, 2021
Key

Michigan PA 56 (HB 4517): THC Isomer Definition Expansion

Michigan Public Act 56 signed July 13, 2021 and effective October 11, 2021, expanded definition of 'marihuana' to include all THC isomers and synthetic THC, placing delta-8, delta-10, and HHC under cannabis regulatory authority.

State Law MI
Jun 22, 2021
Key

Connecticut SB 1201: Delta-8 Product Restriction

Connecticut Senate Bill 1201 restricted most delta-7, delta-8, and delta-10 hemp-derived products to licensed cannabis retailers only, effective July 1, 2021, closing retail market loophole for unregulated intoxicating hemp products.

State Law CT
Jun 4, 2021
Key

Nevada SB 49: Delta-8 & Synthetic Cannabinoid Ban

Nevada Senate Bill 49 redefined THC to include all isomers (delta-8, delta-10) and banned production, distribution, or sale of synthetic cannabinoids without approval from Cannabis Compliance Board. Effective June 4, 2021.

State Law NV
May 1, 2021

Colorado CDPHE: Delta-8 Conversion Process Ban

Colorado Department of Public Health and Environment and Marijuana Enforcement Division issued notice prohibiting chemical conversion of naturally occurring cannabinoids from hemp to delta-8 THC, citing lack of safety data on byproducts.

State Law CO
Apr 28, 2021

Vermont Agency of Agriculture: Delta-8 Prohibition

Vermont Agency of Agriculture, Farms, and Markets clarified that delta-8 THC manufacturing from hemp violates state law banning synthetic cannabinoids in hemp products. Prohibition reiterated March 30, 2022.

State Law VT
Apr 18, 2021
Key

Washington LCB Policy Statement PS21-01: Delta-8 THC Ban

Washington State Liquor and Cannabis Board issued Policy Statement PS21-01 explicitly prohibiting sale, purchase, and production of delta-8 THC products derived from CBD, citing safety concerns from hemp-derived conversion processes.

State Law WA
Mar 22, 2021

USDA Hemp Final Rule Takes Effect; Pre-Harvest Testing Becomes Mandatory

7 CFR Part 990 final rule becomes effective, requiring all hemp producers to conduct pre-harvest testing within 30 days of anticipated harvest using DEA-registered labs to determine total THC content via post-decarboxylation analysis.

Federal Rule
Mar 11, 2021

Delaware Hemp Program: Delta-8 Prohibition

Delaware Department of Agriculture finalized hemp production regulations on March 11, 2021 prohibiting intoxicating delta-8 products within state, aligning with 2018 Farm Bill hemp definition but maintaining stricter delta-8 ban.

State Law DE
Mar 5, 2021
Key

Indiana HB 1224: Smokable Hemp Ban Reversal

Indiana House of Representatives approved HB 1224 (69-28 vote) on February 17, 2021, reversing the state's 2019 ban on smokable hemp by removing references to 'smokable hemp' from state hemp regulations.

State Law IN
Jan 19, 2021
Key

USDA Publishes Final Rule 7 CFR Part 990 with Total THC Pre-Harvest Testing

USDA publishes final hemp production rule in Federal Register, incorporating public comments and 2020 lessons; rule effective March 22, 2021, establishing total THC testing via decarboxylation method and formula: Total THC = (THCA × 0.877) + Delta-9 THC.

Federal Rule
Jan 1, 2021
Key

Idaho HB 126 & Zero-THC Standard — Strictest Hemp Law

Idaho's HB 126 legalized hemp cultivation but enforces a zero-THC retail standard; manufactured hemp products must test at 0.0% THC, effectively banning all THCA and intoxicating hemp products from retail.

State Law ID
Jan 1, 2021
Key

Kansas HB 2167: Smokable Hemp Flower Ban

Kansas HB 2167 created licensing requirements for hemp but formally banned sale of smokable hemp flower, hemp cigars, and CBD flower due to state's strict 0.0% THC requirement for CBD products.

State Law KS
Jan 1, 2021

Massachusetts MDAR: Delta-8 Prohibition Clarification

Massachusetts Department of Agricultural Resources clarified in 2021 and again in December 2022 that delta-8 THC derived from hemp is not allowed for commercial sale, as it is synthetically manufactured from CBD isolate.

State Law MA
Jan 1, 2021

Utah: Delta-8 Controlled Substance Restriction

Utah amended Hemp and Cannabinoid Act during 2021 First Special Session to regulate cannabinoids and impose limits on delta-8 THC concentration in hemp products, classifying artificial cannabinoids as adulterants.

State Law UT

2020

Aug 21, 2020

DEA Issues Interim Final Rule Implementing 2018 Farm Bill Hemp Provisions

DEA publishes interim final rule conforming DEA regulations to the 2018 Farm Bill's hemp carve-out, clarifying that hemp-derived extracts with delta-9 THC not exceeding 0.3% are decontrolled and no longer require DEA registration or import/export permits.

Federal Rule
Aug 1, 2020
Key

Texas DSHS Smokable Hemp Manufacturing Ban

Texas Department of State Health Services implemented rule prohibiting manufacture, processing, distribution, or retail sale of consumable hemp products for smoking, effective August 2020. Ban challenged by Crown Distributing LLC and others.

State Law TX
Aug 1, 2020
Key

Louisiana HB 843: Smokable Hemp & CBD Prohibition

Louisiana House Bill 843 banned the manufacture and sale of smokable hemp products and CBD-infused foods/beverages, establishing penalties of $300 for first offense and up to $1,000 for second offense. Governor John Bel Edwards signed into law, effective August 1, 2020.

State Law LA
Jun 1, 2020

Delta-8 THC Market Emerges as Psychoactive Hemp Derivative

Following DEA's 2020 interim rule, delta-8 THC products derived from hemp proliferate in the market in gummies, drinks, and other formats; products exploit the 0.3% delta-9 THC limit to bypass controls on other psychoactive cannabinoids.

Market
Apr 1, 2020

FDA Intensifies CBD Enforcement; Issues Warning Letters for Unapproved New Drug Claims

FDA issues warning letters to CBD manufacturers making therapeutic claims (treating pain, anxiety, COVID-19, etc.) in violation of FD&C Act sections 505(a) and 301(d), treating CBD products as unapproved new drugs lacking FDA approval for human consumption.

Federal Rule

2019

Dec 15, 2019

USDA Approves First Hemp Production Plans from States and Tribes

Following October 2019 interim rule, USDA begins approving state and tribal hemp production plans; South Carolina, West Virginia, and tribal nations become first approved jurisdictions, establishing the framework for regulated commercial hemp production.

Federal Rule
Oct 31, 2019
Key

USDA Issues Interim Final Rule Establishing Domestic Hemp Production Program

USDA publishes interim final rule (7 CFR Part 990) with detailed requirements for hemp production plans, testing protocols, recordkeeping, and oversight procedures for states and tribes; comment period closes December 30, 2019.

Federal Rule
Jul 25, 2019

FDA Testifies to Senate Agriculture on Hemp Regulation; Proposes New Regulatory Pathway

Dr. Amy Abernethy, FDA Principal Deputy Commissioner, testifies before Senate Committee on Agriculture noting 0.3% delta-9 THC carve-out for hemp requires FDA to establish new regulatory framework; FDA commits to expedited pathway rather than 3-5 year delay.

Federal Rule
Jun 1, 2019

FDA Concludes Existing Regulatory Frameworks Inadequate for CBD; Commits to New Pathway

FDA announces that dietary supplement and food frameworks cannot accommodate CBD and commits to developing a new regulatory pathway; public hearing held in June 2019 with comment period closing July 16, 2019.

Federal Rule
May 31, 2019

FDA Holds Public Hearing on Cannabis and Cannabis-Derived Products; Invites Scientific Data

FDA convenes public hearing to gather scientific information on cannabis and cannabis-derived products; hearing transcript and presentations establish agency's need for better data on CBD safety, efficacy, and manufacturing standards.

Federal Rule
Apr 1, 2019

Nebraska LB657: Hemp Farming Act & Smokable Hemp

Nebraska Governor Pete Ricketts signed LB657 in 2019 legalizing hemp and allowing smokable hemp on private property only, with 0.3% THC limit. Policy remained effective through 2021-2022.

State Law NE
Jan 1, 2019

New Hampshire HB 459: All Hemp Derivative Legalization

New Hampshire HB 459 (2019) legalized all hemp derivatives and isomers except delta-9 THC, effectively legalizing delta-8 during 2021-2022 period until HB 611 (2023) introduced stricter THC isomer limits.

State Law NH

2018

Dec 20, 2018
Key

President Trump Signs 2018 Farm Bill

President Donald Trump signs 2018 Farm Bill, making hemp-derived CBD federally legal and establishing USDA regulatory framework for state hemp programs.

Federal Law
Dec 20, 2018
Key

2018 Farm Bill (Agriculture Improvement Act) Signed; Hemp Legalized at 0.3% Delta-9 THC

President Trump signs P.L. 115-334, the Agriculture Improvement Act of 2018, which removes hemp from the Controlled Substances Act and legalizes cultivation nationwide for those meeting the 0.3% delta-9 THC dry-weight threshold.

Farm Bill
Dec 12, 2018
Key

U.S. House Passes 2018 Farm Bill with Hemp Legalization

U.S. House passes 2018 Farm Bill (369–47 vote); hemp federally legalized as cannabis with <0.3% THC, allowing states to regulate hemp cultivation and sales.

Federal Law
Dec 11, 2018
Key

U.S. Senate Passes 2018 Farm Bill with Hemp Legalization

U.S. Senate passes 2018 Farm Bill (87–13 vote) containing hemp legalization language from McConnell's Hemp Farming Act, removing hemp from controlled substances list.

Federal Law
Nov 6, 2018
Key

Michigan Proposal 1 Legalizes Recreational Marijuana

Michigan voters approve Proposal 1 (56% approval) legalizing adult-use cannabis; allows possession of 2.5 oz and home cultivation of 12 plants; establishes 10% excise tax.

State Law MI
Sep 27, 2018

DEA Schedules Epidiolex as Schedule V

DEA formally places FDA-approved Epidiolex in Schedule V of the Controlled Substances Act, the least restrictive CSA category; applies only to FDA-approved CBD drugs with ≤0.1% THC.

Federal Rule
Jun 25, 2018
Key

FDA Approves Epidiolex (Cannabidiol) for Epilepsy

FDA approves Epidiolex oral solution, the first FDA-approved drug containing purified cannabis-derived cannabidiol (CBD), for treatment of seizures in Lennox-Gastaut and Dravet syndromes.

Federal Rule
Jan 22, 2018
Key

Vermont Legalizes Recreational Cannabis via Legislation

Governor Phil Scott allows H.511 (Act 86) to become law without signature; Vermont becomes first state to legalize recreational cannabis through legislature rather than ballot initiative. Effective July 1, 2018.

State Law VT
Jan 4, 2018
Key

Attorney General Jeff Sessions Rescinds Cole Memo

U.S. Attorney General Jeff Sessions rescinds the Cole Memorandum, directing U.S. attorneys to use full prosecutorial discretion on federal marijuana offenses regardless of state legality.

Federal Rule
Jan 1, 2018
Key

California Adult-Use Marijuana Retail Sales Begin

California begins commercial adult-use cannabis sales on January 1, 2018; approximately 65 licensed retailers operate statewide including locations in Oakland, Berkeley, and Sebastopol; 15% excise tax applies.

State Law CA

2016

Nov 8, 2016
Key

Maine Question 1 Legalizes Recreational Marijuana

Maine voters approve Question 1 legalizing recreational cannabis; establishes 10% tax and regulation through Department of Agriculture with municipal oversight.

State Law ME
Nov 8, 2016
Key

Massachusetts Question 4 Legalizes Recreational Marijuana

Massachusetts voters pass Question 4 (53.59% approval) legalizing adult-use cannabis; establishes regulatory framework and taxation system.

State Law MA
Nov 8, 2016
Key

Nevada Question 2 Legalizes Recreational Marijuana

Nevada voters approve Question 2 legalizing recreational cannabis for adults 21+ with 15% excise tax; revenue dedicated to enforcement and schools.

State Law NV
Nov 8, 2016
Key

California Proposition 64 Legalizes Recreational Marijuana

California voters pass Proposition 64 (57.1% approval) legalizing adult-use cannabis; adults 21+ may possess 1 oz and grow 6 plants; retail sales begin January 1, 2018.

State Law CA

2015

Oct 1, 2015
Key

Oregon Recreational Marijuana Retail Sales Begin

Oregon begins legal sales of recreational marijuana through existing medical dispensaries; over 250 dispensaries open on October 1, 2015, generating $10.8 million in sales within 6 days.

State Law OR
Jul 1, 2015

Oregon Measure 91 Home Grow Takes Effect

Oregon Measure 91 home cultivation and personal possession provisions become effective; adults 21+ may grow 4 plants and possess 1 oz.

State Law OR
Jun 18, 2015

Texas Enacts Compassionate-Use Act

Texas legislature enacts Compassionate Use Act authorizing low-THC cannabis for patients with intractable epilepsy; establishes framework for physician recommendation and patient access.

State Law TX
May 1, 2015

Tennessee Expands SB 280 CBD Law

Tennessee legislature passes SB 280, allowing persons to legally possess cannabis oil obtained out-of-state.

State Law TN
Apr 29, 2015

Georgia Passes Haleigh's Hope Act

Governor Nathan Deal signs law allowing registered patients to legally possess up to 20 fluid ounces of low-THC cannabis oil with physician recommendations.

State Law GA
Feb 24, 2015

Alaska Measure 2 Takes Effect

Recreational cannabis possession and home cultivation become legal in Alaska; adults 21+ may possess 1 oz and 6 plants under the effective law.

State Law AK

2014

Nov 4, 2014

DC Initiative 71 Legalizes Possession (No Sales)

Washington, D.C., voters approve Initiative 71 (64.87%) allowing adults 21+ to possess 2 oz and 6 plants, but Congress simultaneously blocks D.C. from establishing retail sales.

State Law DC
Nov 4, 2014
Key

Alaska Measure 2 Legalizes Recreational Marijuana

Alaska voters approve Measure 2 legalizing recreational cannabis; adults 21+ can possess 1 oz and 6 plants. Takes effect February 24, 2015.

State Law AK
Nov 4, 2014
Key

Oregon Measure 91 Legalizes Recreational Marijuana

Oregon voters pass Measure 91 (56% approval) legalizing recreational cannabis for adults 21+; allows possession of 1 oz and home cultivation of 4 plants.

State Law OR
Sep 1, 2014

Oregon Launches Hemp Pilot Program

Oregon establishes hemp pilot program under §7606 of the 2014 Farm Bill for research purposes.

State Law OR
Jul 8, 2014
Key

Washington State Opens First Legal Retail Marijuana Sales

Top Shelf Cannabis in Bellingham opens as Washington's first licensed recreational retailer at 8 a.m.; sells 1,000 grams to ~1,000 customers on opening day.

State Law WA
Jul 1, 2014

Mississippi Enacts Low-THC CBD Intractable Epilepsy Law

Mississippi passes low-THC cannabis law allowing patients with intractable epilepsy to legally possess CBD oil.

State Law MS
Jul 1, 2014

Kentucky Launches Hemp Pilot Program

Kentucky Department of Agriculture launches Industrial Hemp Pilot Program under §7606 following 2013 legislative exemption; begins with 33 acres.

State Law KY
Jul 1, 2014

Colorado Launches Hemp Pilot Program

Colorado launches industrial hemp pilot program under §7606; Colorado accounts for 97% of 1,866 acres planted nationally that year across four states.

State Law CO
Jun 1, 2014

South Carolina Passes Low-THC CBD Law

South Carolina Legislature passes law exempting patients with certain medical conditions from criminal penalties for using CBD products containing ≤0.9% THC and >15% CBD.

State Law SC
May 30, 2014

House Passes Rohrabacher-Farr Amendment

U.S. House votes 219–189 to pass amendment prohibiting DOJ from spending funds to interfere with state medical cannabis laws; first Congressional vote protecting medical cannabis patients.

Federal Law
May 1, 2014

Tennessee Passes SB 2531 CBD Law

Tennessee legislature passes SB 2531, allowing certain patients to use low-THC cannabis oil for medical purposes.

State Law TN
Apr 1, 2014

Utah Passes HB 105 Low-THC CBD Law

Governor Gary Herbert signs HB 105, allowing patients with intractable epilepsy to possess CBD oil with physician recommendation (minimum 15% CBD, maximum 0.3% THC) and authorizing state hemp research pilot.

State Law UT
Feb 14, 2014

FinCEN Issues Cannabis Banking Guidance (FIN-2014-G001)

Financial Crimes Enforcement Network issues guidance on Bank Secrecy Act expectations for marijuana-related businesses, establishing three categories of suspicious activity reporting and customer due diligence protocols.

Federal Rule
Feb 7, 2014
Key

2014 Farm Bill Section 7606 Hemp Research Pilot Authorizes Limited Cultivation

Agricultural Act of 2014 Section 7606 authorizes institutions of higher education and state departments of agriculture to grow hemp for agricultural research purposes under state law, establishing the first federal legal framework for hemp cultivation since prohibition.

Farm Bill
Jan 1, 2014
Key

Colorado Begins World's First Legal Recreational Marijuana Sales

Colorado opens 24 state-licensed recreational cannabis retailers on January 1, 2014; Sean Azzariti makes first legal recreational purchase globally at 3-D Denver Discrete Dispensary.

State Law CO

2013

Aug 29, 2013
Key

U.S. DOJ Issues Cole Memorandum

Deputy Attorney General James M. Cole issues prosecutorial guidance establishing eight federal marijuana enforcement priorities, signaling DOJ forbearance on state-legal cannabis outside those priorities.

Federal Rule
Aug 1, 2013

CNN 'Weed' Documents Charlotte Figi & CBD

CNN chief medical correspondent Dr. Sanjay Gupta releases documentary following five-year-old Charlotte Figi, whose seizures drop from 300/week to 2-3/month via CBD oil, sparking national CBD demand.

Market

2012

Nov 6, 2012
Key

Colorado Amendment 64 & Washington Initiative 502 Pass

Colorado and Washington voters approve recreational cannabis legalization on November 6, 2012 (55% each), the first jurisdictions globally to legalize adult-use marijuana via ballot initiative.

State Law

2011

May 13, 2011

Delaware SB 17 (Medical Marijuana Act) signed into law

Governor signs Delaware Senate Bill 17, the Delaware Medical Marijuana Act, establishing the state's medical cannabis program. The law takes effect on July 1, 2011.

State Law DE

2010

Nov 2, 2010

Arizona Proposition 203 (Medical Marijuana) passes

Arizona voters approve Proposition 203, the Arizona Medical Marijuana Initiative, creating the state's medical cannabis program for patients with qualifying conditions.

State Law AZ
Jul 1, 2010

DC medical marijuana program finally implemented

After 12 years of congressional obstruction via the Barr Amendment, Washington DC's Initiative 59 (approved by voters in 1998) is finally implemented, allowing the District to begin registering medical cannabis patients.

State Law DC
Jan 18, 2010

New Jersey SB 119 (Compassionate Use Medical Marijuana Act) signed

Outgoing Governor Jon Corzine signs Senate Bill 119, the Compassionate Use Medical Marijuana Act, on his last full day in office, establishing New Jersey's medical cannabis program.

State Law NJ

2009

Oct 19, 2009
Key

Ogden Memo: DOJ deprioritizes marijuana prosecutions in medical states

Deputy Attorney General David W. Ogden issues a memorandum directing federal prosecutors to de-emphasize investigation and prosecution of individuals acting in compliance with state medical marijuana laws, signaling a shift in federal enforcement policy.

Federal Law

2008

Nov 4, 2008

Michigan Proposal 1 (Compassionate Care Initiative) passes

Michigan voters approve Proposal 1, the Compassionate Care Initiative, with 63% support, allowing the medical use of marijuana for seriously ill patients and establishing the state's medical cannabis program.

State Law MI

2007

Apr 1, 2007

New Mexico SB 523 (Lynn and Erin Compassionate Use Act) signed

Governor Bill Richardson signs Senate Bill 523, the Lynn and Erin Compassionate Use Act, in April 2007, establishing New Mexico's medical marijuana program.

State Law NM
Jan 1, 2007

North Dakota becomes first state to license hemp producers

North Dakota Department of Agriculture begins licensing hemp producers, making North Dakota the first state in the nation to issue state licenses for industrial hemp cultivation under a licensing program.

State Law ND

2006

Jan 1, 2006

Rhode Island medical marijuana law (Edward O. Hawkins & Thomas C. Slater Act) passes

Rhode Island legislature passes the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act (S0710) in January 2006, establishing the state's medical cannabis program.

State Law RI

2005

Jun 22, 2005

Ron Paul introduces Industrial Hemp Farming Act (HR 3037)

Representatives Ron Paul, Pete Stark, Jim McDermott, and Raul Grijalva introduce HR 3037 to amend the Controlled Substances Act and exempt industrial hemp from the definition of marijuana. The bill does not pass but signals congressional interest in hemp legalization.

Federal Law
Jun 6, 2005
Key

Gonzales v. Raich: SCOTUS allows federal prosecution of state-legal cannabis

Supreme Court rules 6-3 in Gonzales v. Raich that Congress may ban cannabis even when states approve it for medicinal purposes, upholding federal Schedule I status over state medical marijuana laws.

Litigation

2004

Nov 2, 2004

Montana I-148 (Medical Marijuana Allowance) passes

Montana voters approve Initiative I-148 with nearly 62% support, allowing production, possession, and use of marijuana by patients with debilitating medical conditions.

State Law MT
May 19, 2004

Vermont SB 76 (medical marijuana) becomes law without signature

Vermont lawmakers approve Senate Bill 76, legalizing medical marijuana for patients with serious conditions. Governor James Douglas allows the bill to become law without signing on May 19, 2004.

State Law VT
Feb 1, 2004

Hemp Industries Ass'n v. DEA: Ninth Circuit victory

The Ninth Circuit Court of Appeals rules unanimously in favor of Hemp Industries Association, holding that the DEA cannot regulate naturally-occurring THC in hemp and that non-psychoactive hemp is not Schedule I marijuana. The DEA declines to appeal.

Litigation

2003

Oct 12, 2003

California SB 420 (Medicinal and Therapeutic Marijuana Act) signed

Governor Gray Davis signs Senate Bill 420, clarifying and implementing Proposition 215 by establishing ID cards for patients, protecting cooperatives and collectives, and expanding safe harbor provisions.

State Law CA

2002

Oct 29, 2002

Conant v. Walters: First Amendment protection for physician recommendations

Ninth Circuit Court of Appeals rules in Conant v. Walters that the DEA cannot revoke physicians' licenses for recommending medical marijuana, protecting doctors' First Amendment rights to communicate with patients about cannabis.

Litigation