Key Takeaways
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The new hemp ban appears in Section 781 of H.R. 5371
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More than 95% of hemp THC products may be impacted.
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Marijuana programs and dispensaries are not affected.
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The rule begins in November 2026.
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Hemp products remain legal today.
When the government shutdown ended in November 2025, most people focused on the reopening of federal offices, the resumption of SNAP benefits, and the increased efficiency of flights at the airport. However, hidden within the spending bill, specifically, H.R. 5371, Section 781, was a new rule banning hemp products. This single rule could significantly reshape the entire U.S. hemp market.
Let’s break down why people are talking about it, and how it affects the gummies, vapes, and wellness products many people rely on today.
The Current State of Hemp in the U.S.
For the past few years, hemp products like gummies, vapes, tinctures, and drinks have been widely available across the United States. These products are federally legal and can be purchased online, in wellness stores, and in local retail outlets. Millions of Americans use hemp for sleep, stress, pain, and daily wellness. Small farms, extraction labs, family-owned shops, and online businesses have built entire livelihoods around the hemp market.
Up until now, hemp and hemp-derived cannabinoids have been legal under federal law because of something called the 2018 Farm Bill.
However, a new rule included in the 2025 government spending bill may alter this in the future. Before we delve into the new rule, it's helpful to understand what the Farm Bill originally stated, as that’s where everything began.
What is the 2018 Farm Bill?
The 2018 Farm Bill was the law that made hemp legal in the United States.
Here is the simplest possible way to understand it:
1. Hemp was reclassified as “not marijuana.”
Congress said hemp is legal as long as the raw plant contains 0.3% THC or less.
2. This allowed farmers to grow hemp again.
Before 2018, hemp farming was heavily restricted.
After 2018, farmers across the country began planting hemp for:
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CBD
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fiber
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grain
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hemp-derived cannabinoids
3. The law measured THC in the plant, not in the final product.
This is the key point.
The Farm Bill checked THC levels while the plant was growing, not after processing.
That meant hemp extracts could be turned into:
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Delta-8
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Delta-9 (hemp-derived)
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THCA vapes
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CBD + THC sleep gummies
…as long as they came from a hemp plant that started below 0.3% THC.
4. This created a brand-new wellness industry.
Because hemp was federally legal:
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Online stores flourished
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Farmers gained new income streams.
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Veterans, seniors, and people with chronic pain and PTSD found accessible options.
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States allowed hemp sales even where marijuana was illegal.l
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Hemp became a $28–30 billion market.
For seven years, this has been the normal state of affairs.
Hemp is legal.
Hemp products are legal.
Hemp shipping is legal.
And millions of people rely on these products every day.
Why This Background Matters in 2025
The new rule in Section 781 of H.R. 5371 is an attempt to change how hemp is defined again, this time by limiting how much THC can appear in the final product, not just in the plant.
And that’s where everything starts to shift.
What Did Congress Change in 2025?
Section 781 adds a new limit on how much THC a hemp product can contain.
Section 781 bans three categories:
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Cannabinoids are not naturally found in the hemp plant
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Cannabinoids that start naturally but are modified or converted outside the plant
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Products with more than 0.4 mg THC or THC-like cannabinoids per container
This ban applies to hemp products sold online, in stores, and in wellness shops. It does not affect marijuana products sold under state cannabis programs, including dispensaries, medical marijuana, or recreational marijuana.
What are synthetic or lab-made cannabinoids?
Section 781 bans two kinds of cannabinoids.
First, it bans cannabinoids that the hemp plant does not produce on its own; these are fully synthetic cannabinoids made in a lab, like THC-O, HHC-O, Delta-6, and THCjd.
Second, it bans cannabinoids that can exist naturally in the plant, but are usually made by converting CBD into something else outside the plant. These include popular cannabinoids such as Delta-8, HHC, and THC-P.
In simple terms, if the cannabinoid did not come directly from the plant in its natural form, without chemical conversion, it will no longer be allowed under this rule.
What Does 0.4 mg THC Mean?
Most hemp gummies today are far more potent than 0.4 milligrams. A single gummy often contains:
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10 mg of THC
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20 mg
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sometimes 50 mg
And bottles often include 20–30 gummies.
This means a whole bottle can have hundreds of milligrams of THC.
Under the new rule, the entire bottle, all gummies combined, can only have:
Less than half of one milligram of THC = 0.4mg
Because the allowed amount is so small, the rule almost completely removes THC from hemp products.
Why This Ban Impacts Nearly the Whole Market
Most hemp THC products, even mild ones, contain more than 0.4 mg per container. The following THC products would be illegal under the new hemp ban:
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Delta-8 gummies, vapes, and tinctures
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Delta-9 hemp gummies and edibles
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THCA vapes
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THC-P vapes and gummies
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Hemp drinks and seltzers
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CBD + THC sleep gummies
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Full-spectrum CBD gummies, pet treats, and tinctures
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Any product with noticeable effects
These products make up the majority of the hemp cannabinoid market. Legal experts and industry groups estimate that more than 95% of current hemp-derived THC products would not disappear in November 2026.
Who Is Not Affected by the New Ban?
Only a small part of the hemp market fits under the new definition:
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CBD isolate with zero THC
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Hemp seed oil
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Hemp grain
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Fiber products (textiles, rope, building materials)
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Beauty items with no cannabinoids
These items fall under the category of “industrial hemp,” which the rule protects. This is why many say the rule shifts hemp back toward fiber and grain, not wellness.
Why Did Congress Add This Ban?
There are several reasons behind the change:
1. Some lawmakers want hemp to return to fiber and grain.
They believe the 2018 Farm Bill accidentally opened the door to intoxicating hemp products and want to close that gap.
2. Senator Mitch McConnell supported the new language.
Kentucky grows a large amount of industrial hemp (fiber, grain). Industrial farmers do not compete well with cannabinoid hemp farmers, who grow plants for CBD, Delta-8, Delta-9, and THCA.
Industrial hemp earns far less, so stricter rules protect those businesses.
3. Other industries feel threatened by hemp THC products.
Hemp competes with:
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Alcohol (hemp drinks)
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dispensaries (THC vapes and gummies)
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pharmaceutical sleep and stress products
These industries have significant influence and financial backing, which helped push the hemp ban into the spending bill.
How Big Is the Hemp Market?
The value of the hemp-derived cannabinoid market is $28–$30 billion in the United States, which includes gummies, vapes, tinctures, drinks, topicals, and wellness items.
If the rule takes effect, experts estimate a loss of 67,000 to 300,000 jobs across:
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farms
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processing facilities
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extraction labs
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packaging and shipping
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retail shops
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online small businesses
Why Veterans Groups Are Warning Congress
One of the largest veterans organizations in the country, the Veterans of Foreign Wars (VFW), sent a letter to Congress about the new hemp rule. They said that hemp-derived cannabinoids provide veterans safer options for PTSD, anxiety, pain, and sleep. Many veterans use these products because the alternatives are often heavy prescription drugs.
The VFW warned that banning almost all hemp products could block necessary medical research at VA hospitals and universities. This could also push veterans toward unsafe, unregulated options instead of allowing doctors to study these products in controlled settings.
The group is asking Congress to protect consumers while allowing research that could lead to better treatment choices for veterans.
When Does the New Hemp Ban Start?
Nothing changes today.
Nothing changes in 2025.
Nothing changes in early 2026.
Section 781 is scheduled to begin in November 2026.
A lot can happen before then:
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legal challenges
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updates in the next Farm Bill
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changes from a new administration
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clarifications from the FDA
All hemp products sold today remain legal without restriction.
What This Means for You Right Now
If you currently use hemp gummies, vapes, or CBD products, nothing changes. Your orders are being processed and will ship without delay.
If you want to explore hemp products today, here are some categories you can browse:
These remain legal under current federal rules to purchase from MyPainCenter.com
Final Thoughts
The new hemp rule in H.R. 5371 is brief in length but has a significant impact. If it takes effect as written, it could remove nearly all hemp-derived THC products from the market and shift hemp back to fiber, seed, and CBD isolate.
For now, everything remains the same. Hemp products are still legal to buy and ship. As more updates become available, we’ll continue to share information in clear, simple language to keep you informed.
For quick updates and easy breakdowns, follow us on TikTok and YouTube @mypaincenter.
