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US hemp and marijuana regulatory shifts

Updated 5 times since CLSTR started tracking revisions of this situation.

What changed

2026-08-18 13:57 UTC → 2026-08-26 05:02 UTC · added removed

US hemp THC regulation changes and marijuana regulatory shifts

In July 2026, the USDA lowered the plant-level THC limit for hemp to 0.3% and added a per-container cap of 0.4 mg, moving the crop toward Schedule III. This shift aims to reunite hemp with marijuana under a single schedule, though federal officials noted that “some full-spectrum CBD products will once again be controlled as marijuana.” Texas responded with a “Total THC Rule” that treats THCA as 88% delta-9 THC, tightening limits on smokable hemp flower. An appeals court denied an emergency request to block Following this, the rule, allowing enforcement to proceed. Later that month, Texas U.S. Department of Justice and the DEA reclassified delta-8, delta-10, THCP, FDA-approved marijuana products and related cannabinoids as state-licensed medical marijuana from Schedule I controlled substances, effective July 31. The ban took effect on Aug 2, imposing felony penalties of up to two years in state jail and fines up Schedule III. This federal action, ordered by Acting Attorney General Todd Blanche, follows a December 2025 executive order to $10,000. Retailers reported empty shelves expand research into medical marijuana and significant inventory losses. CBD. However, bulk marijuana, recreational marijuana, and synthetic THC remain in Schedule I. State-level enforcement has intensified. In Virginia, seven hemp businesses filed a federal lawsuit challenging Texas, delta-8 THC was reclassified as a law Schedule I drug effective Aug 15 July 31, 2026. Following a Texas Supreme Court ruling, Austin police have implemented protocols to seize and test substances unless owners can prove via packaging that eliminates they do not contain delta-8 THC. While the 25:1 CBD-to-THC exemption manufacture and caps hemp products at two milligrams possession of delta-8 THC per package. can result in felony charges, possession of two ounces or less of marijuana remains a Class B misdemeanor. In August, Virginia, a federal judge denied the plaintiffs' a request for a temporary restraining order, order from seven hemp companies, allowing the new limits state regulations to take effect. The judge law eliminates the previous 25:1 CBD-to-THC ratio exception, capping consumable hemp products at 2 milligrams of total THC per package and maintaining a 0.3% concentration limit. Judge Robert S. Ballou ruled that the distinction between hemp and cannabis businesses is justified by differing licensing and enforcement requirements. Separately, South Carolina affirmed that hemp-derived Delta-9 THC products containing no more than 0.3% THC remain legal under the 2018 Federal Farm Bill and state law, with plans to codify a minimum purchase age of 21 and require third-party lab verification in 2026.

Versions

  1. 2026-08-26 05:02 UTC US hemp and marijuana regulatory shifts
  2. 2026-08-18 13:57 UTC US hemp THC regulation changes
  3. 2026-08-02 03:12 UTC US hemp THC regulation changes
  4. 2026-08-01 04:16 UTC US hemp THC regulation changes
  5. 2026-07-31 20:54 UTC US hemp THC regulation changes
  6. 2026-07-27 20:42 UTC US hemp THC regulation changes

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