New Laws & Emerging Regulations on CBD, THC, and Hemp in the U.S. (2025-2026 Update)

Law Changes to HEMP, THC and CBD Products Are Coming

The legal status of CBD, THC, and hemp continues to be in flux throughout 2025. As science evolves, public awareness increases, and economic stakes grow, legislators and regulators at both state and federal levels are pushing through changes. This isn’t just about whether hemp is legal (it generally is, if it meets certain THC thresholds), but how products are made, labeled, marketed, sold—and even whether certain cannabinoids remain legal at all.

In this article, we’ll cover the who, what, where, when, and why of new laws affecting CBD, THC, and hemp: current proposals, recent bills, state-law shifts, and emerging legal risks & protections.

Key Terms & Context

To avoid confusion:

• Hemp: Typically defined under the U.S. Agriculture Improvement Act of 2018 (the 2018 Farm Bill) as Cannabis sativa L. and those parts of the plant with no more than 0.3% Δ⁹-THC on a dry weight basis. Hemp is not a controlled substance under federal law if it meets that threshold. (ams.usda.gov)
• THC (Tetrahydrocannabinol): The psychoactive cannabinoid that gives the “high.” Δ⁹-THC is the primary concern. There are also other isomers (delta-8, delta-10, etc.) which are in legal gray areas or being restricted.
• CBD (Cannabidiol): Non-intoxicating cannabinoid, legal under many state laws if derived from hemp (less than 0.3 % THC), though regulation is rapidly catching up.

What’s Changing: Federal Level

Proposed Redefinition of Hemp

• One of the most significant proposals in Congress would change the legal limit from “≤ 0.3% Δ⁹-THC” in hemp to a requirement of “no quantifiable amount” (i.e. essentially zero detectable THC). (marijuanamoment.net)
• This could sweep up many full-spectrum CBD products that currently include trace THC—products that are legal under many state regimes but would become illegal under stricter federal definitions. (marijuanamoment.net)

Banning “Intoxicating Hemp Products”

• There is a push in certain appropriations and regulatory bills to ban consumable hemp products with any measurable intoxicating cannabinoids (this includes delta-8, delta-9, synthetic derivatives). (foleyhoag.com)
• The reasoning behind this is concern over unregulated products that mimic conventional THC products, often with appealing packaging and unclear labeling, which some lawmakers say are marketed to younger consumers. (cannabisbusinesstimes.com)

Regulatory Oversight

• The U.S. Department of Agriculture (USDA) continues to oversee hemp under federal law. Under current law, hemp with more than 0.3% Δ⁹-THC is treated as a controlled substance. (ams.usda.gov)
• There are growing calls for stricter labeling, batch testing, and clearer enforcement mechanisms.

What’s Changing: State Level (Selected States)

Because laws vary a lot state by state, here are a few recent or upcoming changes that are especially noteworthy.

Texas

• Senate Bill 3 (2025) proposed to ban almost all hemp-derived THC products, except for CBD and CBG. It passed the legislature but was vetoed by Governor Greg Abbott in June 2025. (en.wikipedia.org)
• However, Abbott indicated a preference for regulation rather than prohibition, and there may be special sessions to work on stricter regulatory frameworks—such as age limits, packaging restrictions, warning labels, etc. (austin.eater.com)
• Also, Senate Bill 2024, which bans the sale, marketing, and advertising of vape pens containing cannabinoids (THC, CBD, delta-8 THC, THCA) (especially targeting minors), went into effect September 1, 2025. (statesman.com)

Tennessee

• Tennessee passed laws in its latest legislative session that go into effect January 1, 2026, which impose tougher requirements on retailers, wholesalers, and growers of hemp, CBD, and THC. Consumer protections will increase, but costs for compliance are likely to rise. (newschannel5.com)

Impacts & Implications

These changes have many stakeholders worrying. Below are some of the key areas affected.

Challenges & Controversies

• Vague definitions: What counts as “quantifiable” or “any measurable” THC? Small trace amounts are hard to detect, and lab results vary. Clear thresholds matter.
• Federal vs. state law conflicts: Even if a product is compliant with federal hemp law, state law might treat it differently or enforce additional restrictions.
• Unintended consequences: Some proposals risk harming patients who need full‐spectrum CBD, or small hemp farms that cannot easily absorb the costs of ultra-rigid compliance.
• Marketing & youth protection: A frequent concern in legislative debate is how products are packaged / advertised—if they mimic candy, drinks, or snacks that appeal to children.

What To Do If You’re Involved (Growers / Retailers / Consumers)

1. Stay informed about local & state statutes: Don’t assume your product will remain legal if you cross into another state or even county.
2. Maintain rigorous lab testing & documentation: This will help with compliance, defend against litigation, and protect brand reputation.
3. Labeling & packaging: Use clear warning labels, avoid marketing that could be construed as targeting children, use child-resistant packaging where required.
4. Legal counsel: As things shift, getting legal advice for both business planning and risk assessment is more important than ever.
5. Advocacy / participate: Many of these laws are still being debated; public comments, industry associations, and customers can influence rule-making and legislative outcomes.

Outlook: What To Watch

• Whether the “no quantifiable THC” approach becomes law at the federal level; its adoption would overhaul much of the current hemp-CBD market.
• How many states enact laws similar to Texas or Tennessee, either banning or tightly regulating intoxicating cannabinoids.
• Court decisions on test accuracy, consumer protection, mislabeling, and constitutional challenges (related to free speech, commerce clauses, etc.).
• The FDA’s movement on setting binding rules for consumable CBD products, dietary supplements, cosmetics, food, etc.—if or when final rules are published.

Conclusion

The landscape for CBD, THC, and hemp is rapidly evolving. Laws once thought settled are now being re-examined. For individuals, businesses, and policy makers, the challenge is to navigate a terrain marked by increasing regulation, shifting definitions, and heightened public interest. While tighter oversight promises greater consumer safety, there’s also a risk of stifling access and innovation.

If you’re a consumer or business in this space, the key is adaptability—keep close tabs on legal updates, ensure transparency in your products, and be proactive about compliance. The next 12-24 months are likely to bring more changes that could reshape what is possible (and legal) in daily CBD / hemp / THC commerce.