A New Federal Ban on THC Products Will Begin December 11

Source: The Historical Archive

THC edibles are a healthier alternative to alcohol. Trump and congressional Republicans want to spoil the party.

In November 2025, President Trump signed into law a government funding bill that quietly recriminalized the sale of hemp-derived THC products within one year of signing. That date was recently extended by one month and will be effective December 11, 2026.

Industry groups comprising beverage manufacturers, dispensaries, and cannabis entrepreneurs are decrying the ban as a small business-killer and an existential threat to a $28.4 billion market that employs over 300,000. The ban would also cost states $1.5 billion in tax revenue.

Already, beverage retailers who sell THC-infused drinks are reluctant to restock shelves while Congress deliberates hemp’s future. “Nobody wants to get left holding the bag,” mused Joe Garrity, CEO of beverage maker Crescent Canna.

Recriminalizing THC

The law closes a loophole in the 2018 Farm Bill that measured hemp-based products by their “dry weight” rather than the amount of psychoactive THC in each serving. Now, the law would impose a strict 0.4 milligram cap on legal cannabinoids sold in the US.

The 0.4 milligram cap is so low that over 90% of existing THC-infused ingestibles–gummies, beverages, vapes, etc.–would become unlawful on Dec. 11. Gummies, for example, are typically sold in five- or 10-milligram lots.

Source: YouTube

Read: Why is Marijuana Still a Schedule 1 Narcotic?

But What About State Programs?

Notably, the law does not repeal state medical or recreational marijuana programs. But states would face a “Hobson’s Choice” decision: either align with federal limits or face legal conflict, business uncertainty, and supply chain and interstate commerce issues. The Supremacy Clause of the US Constitution enshrines federal statutes as “the law of the land.”

Retail beverage giant Total Wine & More operates a store in Claymont, Delaware, that sells THC-infused drinks, in a state that legalized recreational marijuana in 2025. But Total Wine is sounding the alarm about the impending federal ban, printing in-store leaflets urging shoppers to contact members of Congress to keep THC-infused beverages legal.

An interesting theory on why Congress is recriminalizing THC products. Source: slideserve.com

The Clock Is Ticking

Between now and December 11, hemp industry groups will aim to placate public opinion by advocating alcohol-style regulations for legal marijuana: stronger age verification to prevent sales to people under the age of 21, third-party laboratory testing, and strict independent licensing.

Even after the votes were counted to renew the federal ban on THC, there was a sense of foreboding among members of Congress. Senator Rand Paul:

The bill…overrides the regulatory frameworks of several states, cancels the collective decisions of hemp consumers, and destroys the livelihoods of hemp farmers. And it couldn’t come at a worse time for America’s farmers. Times are tough for our farmers.

Jonathan Miller, general counsel of the US Hemp Roundtable, gets the last word:

…We’re hopeful that when people recognize this is taking away cannabis  products from veterans and seniors, there will be a backlash, and that we can finally get the regulation we wanted from the beginning.

There’s still time. Write your congressman.