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US hemp THC regulation changes

Updated 3 times since CLSTR started tracking revisions of this situation.

What changed

2026-08-01 04:16 UTC → 2026-08-02 03:12 UTC · added removed

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, advancing a move to place hemp under moving the crop toward Schedule III. Texas responded with a “Total THC Rule” that treats THCA as 88 % delta‑9 THC, tightening limits on smokable hemp flower. After a May injunction was paused by flower; an appeals court, the Texas Fifteenth Court of Appeals court denied an emergency request from hemp businesses, request, allowing the rule to be enforced. The decision threatens small retailers, with industry leaders warning of significant impact. Later in July, that month Texas escalated its crackdown by reclassifying reclassified delta‑8, delta‑10, THCP and related hemp‑derived cannabinoids as Schedule I controlled substances, effective July 31, following a Texas Supreme Court ruling that gave the Department of State Health Services authority to enforce the 2021 rule. 31. Retailers must remove these the products, facing potential fines, jail time, and estimated with owners estimating inventory losses of up to $100,000. The about $100,000 and the Texas Hemp Business Council warning that the $10 billion state hemp market now faces uncertainty, and critics argue significant uncertainty. Critics say the bans ban could push consumers toward unregulated sources. The ban took effect on Aug 2, imposing felony penalties of up to two years in state jail and fines up to $10,000; smoke shops in Houston report empty shelves and fear many retailers may not survive. In Virginia, seven hemp businesses filed a federal lawsuit challenging a new law effective Aug 15 that eliminates the 25:1 CBD‑to‑THC exemption and caps hemp products at two milligrams of THC per package. Plaintiffs allege an unconstitutional taking and seek a preliminary injunction. Separately, South Carolina has affirmed that hemp‑derived Delta‑9 THC products containing no more than 0.3 % THC remain legal under the 2018 Federal Farm Bill and the state’s Hemp Farming Act. The state is expected Act, and plans to codify a minimum purchase age of 21 and continue requiring require third‑party lab verification in 2026.

Versions

  1. 2026-08-02 03:12 UTC US hemp THC regulation changes
  2. 2026-08-01 04:16 UTC US hemp THC regulation changes
  3. 2026-07-31 20:54 UTC US hemp THC regulation changes
  4. 2026-07-27 20:42 UTC US hemp THC regulation changes

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