For the past several years, a second THC market has operated alongside the state-licensed one. Products derived from hemp, from THCA flower to delta-8 gummies to THC seltzers, have been sold in smoke shops, gas stations and online across the country, largely outside the testing and age rules that apply at a licensed dispensary.
Federal law is about to close most of that gap. Two dates matter, November 12 and December 11, 2026, and the reasons behind them say a lot about how THC is defined, measured and regulated. Here is what changed, what remains unsettled, and what it means for adults shopping in New York. This is a plain-language summary of public legal analysis, not legal advice.
How Hemp Became a Loophole
The 2018 Farm Bill defined hemp as cannabis containing no more than 0.3% delta-9 THC on a dry weight basis. That test counted a single compound. It did not count THCA, the acidic precursor in raw flower that converts into delta-9 THC when heated, and it did not address THC variants such as delta-8, or compounds produced by chemically converting hemp-derived CBD.
According to an analysis by the law firm Saul Ewing, those gaps allowed a national market to grow around THCA flower and converted cannabinoids such as delta-8 THC, delta-10 THC, HHC and THCP.[1] Many of these products were sold outside the lab testing and packaging rules that apply to state-licensed cannabis.
What Congress Changed
In November 2025, Congress rewrote the federal definition of hemp in the spending package that reopened the federal government, enacted as Public Law 119-37.[1][2] Legal analyses describe three core changes.
| Rule | 2018 Farm Bill | Public Law 119-37 |
|---|---|---|
| What counts toward the limit | Delta-9 THC only | Total THC, including THCA |
| Finished consumer products | No per-package limit | 0.4 mg total THC per container |
| Converted or synthesized cannabinoids | Not addressed | Excluded from the hemp definition |
The total THC standard is the change most relevant to flower. Because THCA becomes delta-9 THC when heated, the Saul Ewing analysis concludes that THCA flower will no longer qualify as hemp once total THC is counted.[1] New York's licensed market already measures potency this way, calculating total THC from both THCA and THC, a method covered in our post on whether THC percentage matters.
The per-container cap is the change most relevant to edibles and beverages. At 0.4 milligrams of total THC for an entire package, the limit sits far below the amounts found in most hemp THC gummies and drinks on the market, which is why the law is widely described as an effective ban on intoxicating hemp products rather than a technical adjustment.
The third change targets two groups of cannabinoids: those the Cannabis sativa plant cannot naturally produce, and those it can produce but that were synthesized or manufactured outside the plant. Many products sold as hemp rely on compounds made by chemically converting CBD in a lab. For background on which cannabinoids the plant does produce on its own, see our guide to minor cannabinoids.
Why There Are Now Two Dates
The law was originally scheduled to take effect one year after enactment, on November 12, 2026. On September 2, 2026, the president signed H.R. 6500, the Continuing Appropriations and Extensions Act, 2027 (Public Law 119-103), a stopgap funding bill that pushed most of the hemp provisions back to December 11, 2026.[3][4] According to the Hemp Law Group, the Senate passed the bill 90 to 6 on August 8 and the House passed it 370 to 48 on September 1.[4]
The delay did not cover everything. Analyses from Foley Hoag and Vicente LLP both note a carve-out: the exclusion of cannabinoids that are not capable of being naturally produced by the plant still takes effect on the original date, November 12, 2026.[3][5] The rest of the new definition follows on December 11, including the total THC standard, the per-container cap and the exclusion of naturally occurring cannabinoids that were synthesized or manufactured outside the plant.
| Date | What takes effect |
|---|---|
| November 12, 2026 | Cannabinoids the plant cannot naturally produce lose federal hemp status |
| December 11, 2026 | Total THC standard, the 0.4 mg per-container cap, and naturally occurring cannabinoids made outside the plant |
What Is Still Unsettled
Several pieces remain open. The law directs the Food and Drug Administration to publish lists of naturally occurring cannabinoids and THC-class cannabinoids, along with guidance on what counts as a container. As of a Congressional Research Service legal analysis dated October 28, 2026, the FDA had not published any of them.[8]
Congress is also weighing competing bills. The Hemp Law Group tracks a proposal to delay the effective date to November 2028, another to restore the 2018 definition, and others that would build a federal regulatory framework for hemp products, including age limits and rules for THC beverages.[4] As of October 19, 2026, none had advanced past committee. Because the December date rests on a short-term funding bill, further changes before then are possible, so current guidance is worth checking as the deadline approaches.
What It Means in New York
New York already runs two separate systems, both overseen by the Office of Cannabis Management: the Cannabinoid Hemp Program, which licenses hemp product processors and retailers, and the adult-use cannabis market. In a public FAQ on the federal law, the Office states that it does not replace New York's existing hemp framework, and that it may affect hemp products made in other states and sold in New York. The Office also notes that consumers may see changes in which hemp-derived products are available, and that states keep authority to regulate products sold within their borders.[6]
For adults 21 and older, the practical picture is simpler. The licensed adult-use market was never built on the hemp definition, so the federal change does not alter how it works. Under the Office of Cannabis Management's testing rules, every lot sold at a licensed dispensary is tested by an independent, state-permitted laboratory, potency is reported as total THC, and products are tested against a required terpene panel.[7] Those are the same standards federal law is now, in effect, steering THC products toward.
A Clearer Line
Whatever happens with the pending bills, the direction is clear. Congress has drawn a sharper line between industrial hemp and THC products, and it measured that line the way regulated cannabis markets already do: total THC, verified by testing, with converted compounds left out.
For New York shoppers, the clearest way to know what is in the jar remains the licensed market, where the label reflects a state-required lab test. Greenline's newest strain pages list the THC and terpene figures from the batch lab report.
References
- Saul Ewing LLP. Congress Enacts Hemp THC Products Ban: What the New Federal Restrictions Mean for the Industry. November 18, 2025. saul.com
- Congressional Research Service. Changes to the Statutory Definition of Hemp and Implications for Agricultural Policy (IF13136). Updated September 28, 2026. congress.gov
- McQueeny M, Bartlett SL. A Temporary Reprieve for Hemp-THC Products... But What Now? Foley Hoag LLP, Cannabis and the Law. September 15, 2026. foleyhoag.com
- Hemp Law Group. Federal Hemp Ban 2026: Where Things Stand. Current as of October 19, 2026. hemplawgroup.com
- Vicente LLP. Federal Hemp Update: Definition Change Delayed to December 11. October 13, 2026. vicentellp.com
- New York State Office of Cannabis Management. Hemp and the 2025 Federal Appropriations Law: What New Yorkers Need to Know. cannabis.ny.gov
- New York State Office of Cannabis Management. Cannabis Testing Limits, revision February 9, 2026. cannabis.ny.gov
- Congressional Research Service. Delay in Changes to Hemp Definition: Cannabinoids Not Capable of Being Naturally Produced by the Cannabis Plant (LSB11496). October 28, 2026. congress.gov