The short answer
Congress has passed a replacement for the federal definition of hemp, and it arrives in two stages that change what a shop may sell you as hemp. Section 781 of Public Law 119-37 takes effect on November 12, 2026, and until December 11, 2026 its amendments reach only two kinds of hemp-derived cannabinoid product: the intermediate and the final ones containing a cannabinoid a Cannabis sativa L. plant cannot naturally produce (Pub. L. 119-103, § 2019, Section 781 Extension (Continuing Appropriations and Extensions Act, 2027; enacted 2026-09-02, linked text as enrolled because the slip law is not yet published)). Those stop being hemp whatever their strength, and schedule I's exception for tetrahydrocannabinols is written as a reference to the hemp definition rather than as a figure of its own, so what it excepts moves with that definition (21 U.S.C. § 812. Schedules of controlled substances). From December 11 the replacement reaches every hemp-derived cannabinoid product. Hemp becomes the plant at not more than 0.3 percent total tetrahydrocannabinols, which counts tetrahydrocannabinolic acid, and a finished product stops being hemp if one container holds more than 0.4 milligrams of tetrahydrocannabinols and similar-effect cannabinoids combined (Public Law 119-37, div. B, title VII, § 781, Nov. 12, 2025, 139 Stat. 558 (scope limited until 2026-12-11 by the Continuing Appropriations and Extensions Act, 2027, § 2019)).
The detail
Federal law today defines hemp as the plant Cannabis sativa L. and its parts and derivatives carrying not more than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis (7 U.S.C. § 1639o. Definitions (as amended by Pub. L. 119-37 § 781, whose scope is limited until 2026-12-11 by the Continuing Appropriations and Extensions Act, 2027, § 2019)). Section 781 strikes that paragraph and inserts three paragraphs in its place, effective 365 days after the Act was enacted on November 12, 2025 (Public Law 119-37, div. B, title VII, § 781, Nov. 12, 2025, 139 Stat. 558 (scope limited until 2026-12-11 by the Continuing Appropriations and Extensions Act, 2027, § 2019)). Those 365 days end on November 12, 2026.
The first of the three paragraphs excludes four things from the word hemp (Public Law 119-37, div. B, title VII, § 781, Nov. 12, 2025, 139 Stat. 558 (scope limited until 2026-12-11 by the Continuing Appropriations and Extensions Act, 2027, § 2019)):
- Viable seeds from a plant that goes over 0.3 percent total tetrahydrocannabinols, counting tetrahydrocannabinolic acid, on a dry weight basis. That is paragraph (1)(C)(i).
- An intermediate hemp-derived cannabinoid product containing a cannabinoid a Cannabis sativa L. plant cannot naturally produce, one it can produce that was synthesized or manufactured outside the plant, or more than 0.3 percent combined total of tetrahydrocannabinols and other cannabinoids that have, or are marketed as having, similar effects to a tetrahydrocannabinol, as the Secretary of Health and Human Services determines. That is paragraph (1)(C)(ii).
- An intermediate hemp-derived cannabinoid product that is marketed or sold as a final product, or sold straight to an end consumer for personal or household use. That is paragraph (1)(C)(iii).
- A final hemp-derived cannabinoid product containing a cannabinoid a Cannabis sativa L. plant cannot naturally produce, or one it can produce that was synthesized or manufactured outside the plant, or more than 0.4 milligrams per container of tetrahydrocannabinols and those similar-effect cannabinoids combined. That is paragraph (1)(C)(iv).
An intermediate product is one that is not yet in the final form marketed or intended to be used or consumed, or is a powder, liquid, tablet, oil or other form meant to be mixed into something else first (Public Law 119-37, div. B, title VII, § 781, Nov. 12, 2025, 139 Stat. 558 (scope limited until 2026-12-11 by the Continuing Appropriations and Extensions Act, 2027, § 2019)).
Section 2019 of the Continuing Appropriations and Extensions Act, 2027 is what holds the change to two of those four until December 11, 2026, and it names them as paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I) (Pub. L. 119-103, § 2019, Section 781 Extension (Continuing Appropriations and Extensions Act, 2027; enacted 2026-09-02, linked text as enrolled because the slip law is not yet published)). Each is the first branch of its paragraph, which is the cannabinoid a plant cannot naturally produce.
What varies by state
What a shop near you may sell is a separate question, and this site answers it one state at a time. Every state page carries a section called Hemp-derived products. Where this site has read the state's own rule, that section gives it and cites it. Where it has not, the section says Information coming soon. Open cannabis law, state by state and read the page for where you live.
The shops this site holds an active state license record for are listed in the store directory, under the state that issued the license. In some states those records are licenses to sell hemp products.
What to watch out for
The milligram figure in the new definition is counted per container, and a container is the innermost wrapping, packaging or vessel in direct contact with a final product for retail sale, not the bulk container it is shipped in (Public Law 119-37, div. B, title VII, § 781, Nov. 12, 2025, 139 Stat. 558 (scope limited until 2026-12-11 by the Continuing Appropriations and Extensions Act, 2027, § 2019)).
Two of the exclusions depend on which cannabinoids a plant can naturally produce. Section 781 gave the Food and Drug Administration 90 days from enactment to publish three lists and one further explanation (Public Law 119-37, div. B, title VII, § 781, Nov. 12, 2025, 139 Stat. 558 (scope limited until 2026-12-11 by the Continuing Appropriations and Extensions Act, 2027, § 2019)).
The first list is every cannabinoid the agency knows a Cannabis sativa L. plant can naturally produce, as peer reviewed literature reflects it. The second is every tetrahydrocannabinol class cannabinoid the agency knows to occur naturally in the plant. The third is every other known cannabinoid with similar effects to that class, or marketed as having them. The fourth item is more detail about the term container.
Those 90 days ran out on February 10, 2026. This site holds no record of a published list, so this guide does not say what is on one.
Where to go next
Read what federal law says about weed for what the rest of federal law says about cannabis. Every state page on this site is indexed at cannabis law, state by state.
What is THCA, and is it legal? takes one product through both of these dates. Search the store directory by city or ZIP code.