US Federal Hemp Regulations Face Significant Changes in 2026

The American hemp industry is preparing for major regulatory shifts scheduled for late 2026. New federal legislation, enacted in November 2025, revises the definition of hemp by replacing the previous delta-9 THC concentration standard with a total THC standard. This new framework includes THCA, which can convert into delta-9 THC when heated, potentially impacting the legality of various hemp-derived products including CBD oils, gummies, and creams.

In conjunction with these shifts, the White House Office of Management and Budget (OMB) has approved a request from the USDA’s National Agricultural Statistics Service to modify the annual hemp production survey. Starting with the February 2027 inquiry, the survey will no longer collect demographic data such as race, ethnicity, sex, age, or farming experience from operators. The USDA stated this change aims to streamline the process and reduce the administrative burden on farmers, though it may limit the ability to track the demographic characteristics of industry participants.

At the state level, the Rhode Island Cannabis Control Commission has updated its hemp bulletin to provide guidance for businesses navigating evolving federal requirements. This update allows licensed hemp businesses to quarantine affected products as regulations transition.