If you’ve been seeing “hemp” pop up in the news and wondering why everyone suddenly has opinions about rope, CBD, and “farm-bill legal” gummies… you’re not alone. Hemp sits right on the fault line between agriculture, public health, and cannabis policy, and the ground has been shifting fast.
Below is a quick, readable history of hemp in the U.S., what sparked the recent headlines, what the new federal rules actually say, and how this could ripple into the broader cannabis world.
A short history of hemp in the United States
Hemp has deep roots in early America. Long before hemp was a political football, it was an industrial crop—grown for fiber used in things like cordage and textiles. Colonial governments even used incentives to encourage hemp cultivation; for example, Virginia allowed certain taxes to be paid in hemp and bounties were used to reduce reliance on imported fiber. (Colonial Williamsburg Research)
World War II briefly brought hemp back in a big way. During wartime shortages, the U.S. government actively promoted hemp cultivation for military needs. The USDA’s Hemp for Victory film (circa 1942–1945) is literally a how-to on growing and processing hemp for fiber and coarse cloth used in military applications. (National Agricultural Library)
Then federal drug policy put hemp under the same umbrella as marijuana for decades. The first major national cannabis regulation was the Marihuana Tax Act of 1937, which effectively restricted cannabis broadly and is widely credited with contributing to hemp’s collapse as a mainstream U.S. crop. (National Agricultural Law Center)
After that, the Controlled Substances Act (CSA) defined “marihuana/marijuana” broadly as all parts of the cannabis plant, with narrow exceptions. (U.S. Code)
The modern comeback started with “research hemp,” then went full commercial.
- The 2014 Farm Bill created a pathway for hemp research pilot programs through state departments of agriculture and universities. (Congress.gov)
- The 2018 Farm Bill went much further: it carved hemp out of the CSA’s “marijuana” definition and defined hemp as cannabis (and derivatives) containing no more than 0.3% delta-9 THC (dry weight)—which effectively legalized hemp federally (subject to USDA/FDA oversight). (Congress.gov)
That 0.3% definition is where the modern “hemp wars” begin.
Why hemp was in the news recently
After 2018, a huge market exploded for hemp-derived intoxicating products—things like delta-8 THC, delta-10, THCA flower, and “low-dose” THC drinks—often sold in places where state-legal cannabis dispensaries don’t exist.
Public health agencies repeatedly raised concerns about safety, labeling, and access by kids:
- FDA reported 104 adverse event reports tied to delta-8 products from Dec 1, 2020 to Feb 28, 2022. (U.S. Food and Drug Administration)
- FDA and FTC highlighted copycat snack packaging and noted that from Jan 1, 2021 to Dec 31, 2023, FDA received 300+ adverse event reports involving delta-8 products, with many requiring emergency care. (U.S. Food and Drug Administration)
That context set the stage for the big headline event:
In November 2025, Congress and the President enacted a major change to federal hemp law as part of a full-year FY2026 agriculture appropriations act (P.L. 119-37). (Every CRS Report)
This is why hemp suddenly became front-page news: the federal government effectively moved to close the “intoxicating hemp” loophole.
What the new federal rules are
1) “Hemp” is now measured by total THC, not just delta-9 THC
The updated definition of hemp is cannabis with no more than 0.3% total tetrahydrocannabinols (including THCA) on a dry-weight basis. (U.S. Code)
That’s a major shift from the 2018 framework that focused on delta-9 THC only. (Congress.gov)
2) Finished consumer products get a hard cap: 0.4 mg total THC per container
The law excludes from the definition of hemp any final hemp-derived cannabinoid product containing more than 0.4 milligrams combined total per container of:
- total tetrahydrocannabinols (including THCA), and
- other cannabinoids with similar effects (or marketed as similar), as determined by HHS. (U.S. Code)
3) It targets synthetic/converted cannabinoids
The definition also excludes products containing cannabinoids that:
- are not capable of being naturally produced by the plant, or
- were synthesized or manufactured outside the plant (even if the cannabinoid could exist naturally). (U.S. Code)
4) FDA gets marching orders
FDA is directed (within 90 days of enactment) to publish lists of cannabinoids known to be naturally produced by the plant, THC-class cannabinoids, and other cannabinoids with similar effects, plus more specificity on what counts as a “container.” (Congress.gov)
5) Effective date
The change is delayed by one year. CRS summarizes the effective date as November 12, 2026. (Every CRS Report)
How this could affect cannabis in general
It could shrink the “gray market” and push demand back into regulated cannabis channels
If hemp-derived THC beverages, edibles, vapes, and THCA flower get federally reclassified as marijuana/THC under the CSA once the definition changes take effect, a lot of products currently sold outside dispensaries may have to disappear or reformulate. (Congress.gov)
That likely benefits state-licensed cannabis operators (who’ve been competing with “farm-bill legal” intoxicants) while squeezing hemp businesses built around those products. (The Washington Post)
It may also hit non-intoxicating full-spectrum CBD products
Because the per-container cap is 0.4 mg total THC, some non-intoxicating “full-spectrum” CBD products that contain trace THC could be affected depending on formulation and package size. CRS specifically flags that full-spectrum CBD may become controlled again if it exceeds the new threshold when the change takes effect. (Congress.gov)
States will still matter (a lot)
Even before this federal change, states were already restricting intoxicating hemp products in a patchwork way, and courts have generally upheld state authority to regulate more strictly. (Reuters)
So even with federal rules tightening, state law will still shape what’s sold where.
This lands in the middle of broader federal cannabis change
Separately, DOJ/DEA proposed moving marijuana from Schedule I to Schedule III (proposed rule published May 21, 2024), which—if finalized—could reshape taxes, research, and compliance for state-legal cannabis businesses. (GovInfo)
The big picture: hemp and marijuana policy are converging, and lawmakers are trying (messily) to sort “intoxicating” vs “non-intoxicating” product categories.
Practical takeaway
If a product is sold as “hemp” but is designed to get you high (delta-8, THCA flower, THC drinks), that category is exactly what the new federal rules are aimed at. (Congress.gov)
- The enforcement date matters: November 12, 2026 is when the definition change is slated to bite (unless Congress amends it again). (Every CRS Report)
- Between now and then, expect reformulations, legal fights, and state-by-state whiplash as brands try to stay compliant.
(And quick disclaimer: this is an informational overview, not legal advice—if you’re making business decisions around hemp or cannabis products, it’s worth checking your state rules and getting qualified counsel.)
The Rip Rod Perspective: Laws Shift. Rituals Don’t.
If you’ve been watching the hemp headlines and thinking, “Cool… so what does this mean for me?” — here’s our honest take.
1) The product landscape is going to keep changing
Whether it’s “hemp-derived,” “farm-bill legal,” or dispensary-only, the rules around cannabinoids have been a moving target for years. And the fastest-growing category is usually the one lawmakers move to control next. That means availability, labeling, and even what’s on the shelf can change quickly—sometimes overnight.
2) Your session still deserves to feel intentional
No matter what the market does, most of us want the same things from a smoke:
- a smooth, un-rushed vibe
- less mess
- clean hands
- an easy pass
- and a setup that feels like you actually care about the moment
That’s where Rip Rod lives. We’re not chasing loopholes or trends—we’re building heirloom-grade tools that elevate how you enjoy what you already chose.
3) Accessories are the “stable ground” in a shifting world
Flower, edibles, vapes, hemp, cannabis—whatever category ends up in the spotlight next, the basics of a great session don’t change:
- a comfortable hold
- a clean handoff
- a tidy place to rest the ember
- and a simple way to keep your space (and your hands) clean
A Rip Rod is a Joint Handle—it doesn’t tell you what to enjoy. It just makes the experience cleaner, smoother, and more shareable.
4) Buy smart, stay informed, keep it classy
We’ll never tell you what you “should” do, but we will say this: prioritize products that are clearly labeled, responsibly made, and aligned with your local rules. When the policy dust kicks up, a little caution is never a bad thing.
Bottom line
Hemp might be in the news, and the laws might keep evolving—but the goal stays the same: a better session.
That’s what we build for.