Hemp-THC Ban 2026: What's Changing on December 11
Updated
A federal law bans most intoxicating hemp-THC products starting Dec. 11, 2026. Here's what's covered, what's still legal, and what it means in Florida.
Starting December 11, 2026, most hemp-derived THC products become illegal under federal law. That includes delta-8 gummies, THCA flower, most THC drinks and many CBD products. Congress delayed the original Nov. 12 date by one month, and the White House reportedly said there will be no further extension.
Key dates
| Date | What happens |
|---|---|
| Nov. 12, 2025 | Ban signed into law |
| Nov. 12, 2026 | Lab-made cannabinoids that the plant doesn't produce become illegal |
| Dec. 11, 2026 | The rest of the new hemp limits take effect |
What the new law says
- Total THC counts now. Hemp is limited to 0.3% total THC, including THCA, which turns into THC when heated.
- A tiny per-package cap. Finished products can contain no more than 0.4 milligrams of total THC per container, no matter how many servings are inside.
- Converted cannabinoids are out. THC made by chemically converting CBD (like delta-8, delta-10, HHC and THC-O) no longer counts as hemp.
What products are affected
- Delta-8 and delta-10 products
- THCA flower and pre-rolls
- THC gummies, vapes and tinctures
- Hemp THC seltzers and drinks
- Many full-spectrum CBD products, since most contain more than 0.4 mg of THC per package
After Dec. 11, products over the limits are treated as marijuana under federal law, and shipping them to customers is expected to stop.
What's still legal
- Hemp fiber, seeds, seed oil and grain products
- CBD products with essentially no THC (isolate or truly THC-free)
- State-legal marijuana programs, including Florida's medical marijuana program, which this law doesn't touch
Florida specifics
Florida's 2023 hemp law already requires sellers to be licensed, limits sales to people 21 and older, and bans packaging that appeals to kids. The 2026 legislative session passed no new hemp changes. Florida's medical marijuana program, with about 930,000 patients, is unaffected. A 2026 recreational marijuana ballot measure did not make the ballot.
Could it still change?
Possibly. Several bills in Congress would regulate hemp-THC instead of banning it, including the Lawful Hemp Protection Act and a proposal to tax hemp drinks like alcohol. None had passed as of early October. More than 35 state attorneys general urged Congress to keep the ban.
What to do now
- If you use hemp products for sleep or pain, talk to your doctor about alternatives before Dec. 11.
- Don't stock up. Possession rules after the date are unsettled.
- Check back here for any changes from Congress.
This page is news and information, not legal advice.
Sources: Scarinci Hollenbeck, Foley Hoag, Akerman, WMAR, Greenspoon Marder, Florida Senate, MPP.