US Capitol building at sunset, Washington DC, USA.

November 13, 2025

Federal Government Bans Hemp THC: Everything You Need to Know

Home > Blog > Federal Government Bans Hemp THC: Everything You Need to Know

Key Takeaways

On November 13, 2025, the U.S. Congress passed a federal ban on hemp-derived THC products, signed into law by President Trump, which will take effect on November 13, 2026.
The ban was included as a rider in a must-pass funding bill during a government shutdown, effectively outlawing all psychoactive hemp-derived cannabinoids, including delta-8, delta-9 from CBD, delta-10, HHC, and THCP, along with products containing more than 0.4 mg of total THC per container.
Despite the ban, the hemp industry, including groups like the Texas Hemp Business Council, is actively fighting the legislation and intends to pursue legal and legislative actions to overturn the restrictions, urging consumers that possession and sales remain legal until the ban takes effect next year.

On Wednesday, November 13, 2025, just two days after Veterans Day, the United States Congress, with the signature of President Donald J. Trump, brought an end to federally legal hemp-derived THC.

Needless to say, we’re unhappy about this, the whole industry is unhappy about this, and if you’ve ever enjoyed these products for relief, the term “unhappy” probably doesn’t begin to describe how you feel right now.

So how did we get here? When will the THC ban go into effect? And what should you expect in the coming months or year? Learn all of this and more as we cover the new federal ban on hemp THC.

How We Got Here

If you’ve been following the news, you would know that the U.S. federal government was under a shutdown from October 1, 2025, to November 13, 2025.

What is a government shutdown?

In short, a government shutdown occurs when the legislative branch (Congress) fails to pass key bills that fund or authorize the operations of the executive branch (the President). This, in turn, causes a halt in some of the federal government's functions and affects various programs.

To end a shutdown, Congress must come together and agree on a funding bill that will get things running again, which is then signed by the President to take effect.

The funding bill that was just passed included, among other things, an outright ban on all hemp-derived THC products.

But why was there a hemp ban in a funding bill?

Because, as a stand-alone bill, a hemp ban would never have passed in Congress.

The next option was to slip the language into an omnibus bill and tie it to the necessity of reopening the country. Meaning, every legislator who was against this (in principle or because it was shoved down their throats), had to vote for the full package in order to reopen. Unfortunately, the destruction of an industry paled in comparison to the pressure to reopen.

What H.R.5371 Says About Hemp

After 15 attempts to get a funding bill that would pass through Congress, Senator Mitch McConnell added a provision to the most recent bill, which is now law, that redefines legal hemp as follows:

"HEMP

(A) IN GENERAL. The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis.

(B) INCLUSION. Such term includes industrial hemp.

(C) EXCLUSIONS. Such term does not include—

(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or
(ii) any intermediate hemp-derived cannabinoid products containing—
- (I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
- (II) cannabinoids that—
  - (aa) are capable of being naturally produced by a Cannabis sativa L. plant; and
  - (bb) were synthesized or manufactured outside the plant; or
- (III) more than 0.3 percent combined total of—
  - (aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and
  - (bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services); or
(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or
(iv) any final hemp-derived cannabinoid products containing—
- (I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
- (II) cannabinoids that—
  - (aa) are capable of being naturally produced by a Cannabis sativa L. plant; and
  - (bb) were synthesized or manufactured outside the plant; or
- (III) greater than 0.4 milligrams combined total per container of—
  - (aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and
  - (bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services)."

See the full bill/law here.

So basically that means:
All delta-8, delta-9 derived from CBD, delta-10, HHC, THCP are banned
All psychoactive products on the market today are banned
Any product with a total of 0.4mg of THC or THCA is banned

And if you’re wondering what a hemp ban has to do with funding the federal government, it actually has...nothing to do with funding.

What Senator McConnell pulled is a dirty trick called a “rider.” In politics, a rider is essentially an unrelated provision that’s added to or “riding” a must-pass piece of legislation that cannot be easily rejected. It’s a controversial method due to its ability to get unpopular provisions passed through Congress without a full debate.

When Will The Federal Hemp Ban Go Into Effect?

The federal ban on hemp is set to take effect on November 13, 2026.

In other words, as of this writing, you are not a criminal for possessing hemp-derived THC products under federal law. As stated above, this ban will not take effect until a year from now.

You can still purchase hemp-derived THC products online and at your favorite brick-and-mortar location.

The Fight’s Not Over

In the wake of the passing of H.R. 5371, the Texas Hemp Business Council (THBC), the same organization that fought and won to keep hemp legal in Texas, issued the following statement:

“History has shown that these kinds of restrictions can be stopped. We successfully fought similar harmful hemp bans during the 89th Texas Legislature and subsequent special sessions. We saw firsthand that bans do not work and the architects of those bans are now facing the political fallout of their actions.

“Hemp is too vital to the American economy and to the livelihoods of millions to be dismantled by rushed, politically driven legislation. As we proved in Texas, we will continue to pursue every legal and legislative option to overturn these harmful provisions and restore a fair, science-based system that continues to protect minors, ensure product safety and preserve the economic opportunities Congress created in 2018.”

In other words, just as we’ve fought tooth and nail to protect hemp in our home state of Texas, we and the rest of the hemp industry are going to fight tirelessly against this new ban in DC. These types of restrictions have been stopped in the past, and this upcoming ban is no different.

Final Thoughts

November 13, 2025, is a day that will live in infamy within the hemp community. But this is not the end. To the contrary, it’s a call to fight for all in the hemp industry and all of those who’ve benefitted from this remarkable plant.

We’ll keep you posted with more updates as we get them, but in the meantime, please remember, as of this writing: