Pardon the pun, but there’s so much smoke around hemp-derived products that it’s hard to see what’s what. Let’s try to clear that up!

The introduction of the 2018 Farm Bill legalized the cultivation and production of hemp with less than 0.3% THC. This had led to an explosion of hemp-derived products, and with it, ambiguity and confusion surrounding the meaning of hemp and cannabis. To add to the confusion, the subsequent Farm Bill passed by Congress in November 2025 will make final form hemp-derived products illegal. Although this bill becomes effective a year after its passage, it has left hemp growers, processors, and retailers scrambling.

With THC products being currently available at gas stations, bodegas, and even grocery stores, it begs the question, “How is this publicly available product different from the product purchased at dispensaries?” Moreover, how can THC products be sold to the wider public when other THC products have to be sold at licensed and highly regulated dispensaries? This article will focus on the most popular cannabinoids included in many products and how the new law may impact the hemp industry.

Cannabis and Hemp Explained

Cannabis and hemp are subclasses of the genus “Cannabis.” Cannabis has a higher concentration of THC, the psychoactive element in marijuana products. Hemp has a higher concentration of CBD, the element most widely associated with pain relief. So while cannabis can have some CBD, it’s usually a very low percentage. And while hemp can have some THC, the federal government designated the cutoff for hemp at 0.3% THC.

That seems pretty simple, so where’s all the smoke coming from? To explain that, we need to talk about cannabinoids.

Cannabinoids

Cannabinoids are chemicals that fit like a lock and key into our endocannabinoid system, a system within our bodies that regulates things such as mood, pain, sleep, and appetite. When you read or hear the phrase “hemp-derived products,” it’s a reference to products that use these cannabinoids as building blocks. There are over 100 cannabinoids that occur naturally in cannabis and hemp, but let’s focus on those most relevant to this post.

Delta-9 THC

Delta-9 is the most “classic” or common form of psychoactive tetrahydrocannabinol (THC). It is the chemical compound that is responsible for the “high” one feels when they consume a THC product. Delta-9 THC occurs in cannabis plants, especially in the flowers of the plant, in higher concentrations. It can be found in hemp as well, but in much lower concentrations.

Delta-9 THC begins as Tetrahydrocannabinolic Acid (THCA) in raw cannabis flower. THCA is non-psychoactive and often used in patches and tinctures. It is converted into Delta-9 THC through decarboxylation, a process using heat to change the chemical structure. Isolate, diamonds, flower, and concentrates are turned into Delta-9 THC when smoked, vaporized, or heated up and added to a fatty substance, such as butter or oil.

Delta-8 THC

Delta-8 THC is a similar molecule to Delta-9 THC, but with a slightly different arrangement (isomer). It is less psychoactive than Delta-9 THC. This form of THC is extracted from the hemp plant and often concentrated, then added to a wide variety of products. Delta-8 THC products became popular once the Farm Bill was passed, and can be found in gas stations, grocery stores, and other retail locations. There are even websites and “dispensaries” that, although not licensed through cannabis agencies, have typical retail permits and sell these hemp-derived products made legal through the Farm Bill.

Delta-10 THC

Like Delta-8 THC, Delta-10 THC is a similar molecule, but slightly arranged differently. Delta-10 THC is also derived from the hemp plant, provides a milder high, and is sold in a variety of forms, including edibles, tinctures, and vapes. These products are also available to the wider public in various retail locations.

CBD

Cannabidiol (CBD) occurs naturally in higher concentrations in hemp plants. Although not considered psychoactive, some users report that it affects mood and alleviates anxiety and depression. Regardless, CBD acts upon different parts of the endocannabinoid system compared to THC. CBD is in a wide variety of products, including flower, lotions, ointments, salves, tinctures, beverages, and edibles.

CBGA

Cannabigerolic Acid (CBGA) is the true chemical precursor to all cannabinoids in cannabis and hemp plants. All cannabinoids begin as CBGA in the trichome of the cannabis plant. Although not much is known about CBGA, it is non-psychoactive and can be extracted from the hemp plant and used for its health benefits.

CBG

Cannabigerol (CBG) typically gets the credit as the “mother of all cannabinoids.” Like many other cannabinoids, it is non-psychoactive and has multiple health benefits, including neuroprotective and anti-inflammatory effects. It can be found in lower levels in hemp plants as well as higher-THC cannabis strains. Like other hemp-derived cannabinoids, it can be extracted from a hemp plant and used to make final-form products, such as distillates, lotions, and tinctures.

CBC

Cannabichromene (CBC) is a non-psychoactive cannabinoid with multiple documented health benefits. It is considered an anti-inflammatory, antimicrobial, and pain reliever, among other properties. It can be found in lower levels in hemp plants as well as higher-THC cannabis strains. Like other hemp-derived cannabinoids, it can be extracted from a hemp plant and used to make final-form products, such as distillates, lotions, and tinctures.

CBN

Cannibinol (CBN) is made when THC is oxidized. This can happen due to exposure of the elements, and also due to the effects of time. Although non-psychoactive, it can make users feel sleepy and thus can be used as a sleep aid. CBN also has multiple health benefits like CBG and CBC, including anti-inflammatory, antibiotic, and anticonvulsant properties.

How the 2018 Farm Bill Amendments Impacted the Hemp Industry

Amendments to the 2018 Farm Bill remove synthetic cannabinoids, such as Delta-8 THC, Delta-10 THC, and THCA, from the definition of hemp. Effective on November 12th, 2026, all hemp-derived products containing Delta-8 THC, Delta-10 THC, and CBD products with over 0.4% Delta-9 THC (including THCA) per container will be banned. The non-intoxicating cannabinoids such as CBD, CBC, CBG, and CBN are not currently the focus of the ban. They have a chance of ending up on the list of synthetic cannabinoids that is to be published by the FDA, pursuant to the amendments to the Farm Bill.

This upcoming ban threatens to severely limit or even undo the $28 billion hemp industry. This can impact earnings for any business producing and selling these goods. While retailers such as grocery stores and gas stations may be able to withstand this change due to their diversity of merchandise, it will more severely impact businesses whose core inventory is hemp-derived products, including the aforementioned “dispensaries” and websites. It could even lead to businesses shutting down.

There is a lot of uncertainty in the hemp market right now as businesses are forced to assess their inventory and supply chains, as well as anticipate potential layoffs and business closures.

Pushback to the Farm Bill Amendments

There has been a lot of pushback to this upcoming ban. Congress introduced a bill in January 2026 that proposes to delay the ban on hemp-derived THC products until 2028. HR 7010, filed by a Republican Congressman, has bipartisan support, including multiple Republican legislators. The bill has an 8% chance of enactment, per the GovTrack website. Additionally, S 3686 was introduced, which is similar to HR 7010. S 3686 has a 3% chance of passing. The House also introduced a bill, HR 7212, that would regulate the hemp industry, as opposed to outright banning hemp-derived products. According to GovTrack, this bill has a 4% chance of implementation.

Despite the low prognoses for ratification, it is encouraging that there is bipartisan support for these measures. For Congress to consider oversight of the hemp industry shows a shift in attitudes towards the hemp market and cannabis in general.

In Conclusion

If the amendments to the Farm Bill were to become effective as-is on November 12th, the types of hemp-derived products that would be allowed would have a cap of 0.4% THC per container. All products containing Delta-8 THC and Delta-10 THC would become illegal. Products with non-intoxicating cannabinoids are not expected to be part of the ban, but could be if the FDA adds them to the list of cannabinoids.

All of the above would have a devastating effect on the hemp industry. This may equate to more sales and new product opportunities for cannabis businesses. Most state cannabis regulatory agencies either outright ban or regulate hemp products. For states where hemp is allowed at the state level, licensed cannabis entities are already used to the regulatory framework. In addition, shoppers who were purchasing psychoactive hemp-derived products may turn to licensed dispensaries for legal Delta-9 THC products.

The intersection of cannabis science and how cannabis and hemp are regulated can lead to legal gray areas and confusion. We hope this article helps demystify some aspects of the hemp industry.