Federal Ban Alert: Is Hemp Now Illegal? What the New Law Means for Your Favorite Products

Your Access to Hemp-Derived Cannabinoids Is At Risk

For years, the hemp industry has been a source of wellness, economic growth, and opportunity for American farmers and small businesses. If you use hemp-derived products like CBD, Delta-8, or even low-dose Delta-9 edibles, you need to understand the most significant federal change since 2018.

A provision tucked into the recent Continuing Resolution (CR) bill, signed into law on November 12th, 2025, drastically redefines what constitutes "legal hemp" at the federal level. This new language—if allowed to stand—will effectively eliminate over 90% of consumable hemp products currently on the market.

It is a time for calm, informed action. We want to break down what this new law actually means for you, why your support matters now more than ever, and what you can do to protect the industry you rely on for your wellness.

A Quick Recap: How Hemp Became Federally Legal

The 2018 Farm Bill & the Legal Definition of Hemp

For over eight years, the legal foundation for the entire hemp industry has been the 2018 Farm Bill. This federal legislation made one crucial distinction: it removed hemp from the definition of a Schedule I controlled substance (marijuana).

The key legal definition of hemp is:

The cannabis plant, and any part of that plant, that contains no more than 0.3% Delta-9 THC.

As long as the starting material (the hemp plant) and the final product maintain this specific Delta-9 THC concentration, the hemp-derived cannabinoids within them—including CBD, Delta-8, and Delta-9 THC —have been legal at the federal level. While states have adopted various levels of regulation, this federal rule has governed the entire national marketplace.

The Current Federal Law: A Major Restriction on THC

Over the last few years, numerous attempts to submit federal language that would restrict or eliminate the hemp industry have been defeated. However, new, highly restrictive language was recently amended into the CR bill that reopened the government.

This language fundamentally changes the rules for consumable products:

• New THC Limit per Container: The new law sets an incredibly strict limit of 0.4 milligrams of Total THC per retail container for any finished consumable product.
• The Problem: The vast majority of popular, effective hemp-derived products on the market—including many full-spectrum CBD products, gummies, and tinctures—contain total THC levels that exceed this 0.4 mg cap by several orders of magnitude. For context, even the natural THC content in the hemp plant itself often makes it impossible to meet this new, extremely low threshold for a finished product.
• The Impact: This provision would unarguably kill the entire consumable hemp industry throughout the United States as we know it today.

The Single Silver Lining: A One-Year Grace Period

The most important takeaway for you as a consumer is the timeline. The language passed on November 12th, 2025, has a one-year implementation window.

This means nothing at the federal level changes for one full calendar year, starting on November 12th, 2025.

You will continue to have access to the full array of products you rely on, and nothing will change from your perspective for a minimum of one year. This grace period gives the industry a crucial window to fight back.

The Hemp Industry's Response: Regulation, Not Prohibition

The entire hemp industry is mobilizing. This new federal language is not viewed as a viable or sustainable solution; it is an act of prohibition that dismantles a multi-billion dollar industry supporting hundreds of thousands of jobs and countless consumers.

Our main goal is clear: We support Regulation, not Prohibition.

Our collective strategy is to continue supporting and working through our national and state trade association groups to achieve one of two outcomes:

1. Strip the Current Language: Work to have the recently amended, industry-killing language removed from federal legislation. This would allow each state to continue regulating or establish new regulations. 
2. Pass Comprehensive Regulation: Advocate for a full, comprehensive federal regulatory framework that ensures product safety, testing standards, and prevents sales to minors, while still allowing consumers access to the products they need.

Based on the current federal landscape and the widespread, bipartisan support the hemp industry has earned, we are fairly confident that we can get better, more reasonable language in place to protect this industry long-term.

Proudly Supporting Our Advocates

We have proudly supported the American Healthy Alternatives Association (AHAA) and its work for the last few years. David Spang, Founder of Coastal Green Wellness, is the Vice President of the South Carolina Chapter and is actively working on the front lines of this legislative fight. By supporting our business, you are directly supporting this crucial advocacy.

What You Can Do as a Consumer Now

Your voice is the most powerful tool we have. By taking a few minutes to act, you can make a huge difference in the fight to save the legal hemp industry.

1. Support Active Industry Players

Choose to purchase products from companies who are actively putting up their money and time to make our voices heard at the federal and state levels. By supporting retailers who are actively speaking out and working with trade groups, you are in turn helping to keep this industry legal long term.

2. Contact Your Federal Representatives

This is the most critical action you can take. Your representatives need to hear from their constituents about how important these products are.

• Email Federal Legislators: Please follow this link to easily find and email your federal representatives today:
  https://myhealthyusa.org/
• Your Message Matters: It is vital that we approach this from a clear, reasonable, and calm perspective. Do not overreact. If you contact a federal representative, convey how much these products have benefited your life (for wellness, pain, sleep, anxiety, etc.) while remaining respectful and composed overall.

South Carolina Residents: You can also call your state representatives. (Please insert your list of South Carolina state representatives and the phone script here.)

3. Stay Informed

Feel free to join our Wellness Member Program, where we do our best to keep everyone updated with upcoming federal and state changes, so you are always the first to know about new developments.