On Oct. 1, 2025, the U.S. federal government shut down because Congress could not garner the votes on a spending bill. After 41
Users on social media claimed that the change in law would effectively ban industrial hemp-derived cannabis products.
According to Rusty Rumley, a senior staff attorney at the National Agricultural Law Center, it's impossible to know exactly how the law will impact the industry because it's not yet clear how the changes will be enforced. However, its wording strongly restricts what Cannabis plants can be classified as hemp, impacting many of the previously legal products like edibles, drinks, oils and vapes that have become somewhat commonplace across the country.
Hemp is a common name for the plant Cannabis sativa,
The incredibly diverse use cases of cannabis makes regulating it difficult. While U.S. laws about cannabis are complex and sometimes contradictory, the relevant law here is a piece of legislation commonly called the Farm Bill, which the U.S. Congress passes around every five years. It's a large piece of legislation aimed at governing the nation's agricultural and food programs and updating them when necessary. At the time of this writing, Congress passed the most recent Farm Bill in 2018.
One of the most notable changes in 2018 Farm Bill was a new definition of the word "hemp," which can be simply explained as dividing the plant in two categories based on how it is used — cannabis, which is illegal federally, and hemp, which became legal provided that it contains a low amount of delta-9 tetrahydrocannabinol (THC), the main chemical in marijuana that produces a high. In effect, the 2018 change created a new market for legal hemp-derived cannabis products, as growers bred plants with low levels of delta-9 THC and high levels of other forms of the chemical that still lead to a high.
What is the difference between hemp, cannabis and marijuana?
Botanically speaking, both hemp and marijuana come from a plant called Cannabis sativa. In practice, however, they differ in traits including appearance.
According to the non-partisan Congressional Research Service, humans have also selectively bred cannabis, though in a less extreme manner. Hemp refers to the plant in its industrial capacity — today, that's mostly for its fibers and
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Shops selling previously legal hemp-derived THC and synthetic THC products, largely located in states where marijuana is not legal, are left in a pickle as a result. Rumley said the change would likely hurt hemp growers, who were previously allowed to ship across state lines, nationwide. In states where marijuana is legal, the change probably won't mean too much for retailers, because the cannabis industry in those states is not based around delta-9 alternatives. However, Rumley was hesitant to predict how the proposed change would affect consumers because the law contained only vague language describing how the changes will be enforced.
One thing that is clear is that change will not directly affect products with no THC but high levels of cannabidiol (CBD), another chemical found in hemp that does not create a high. CBD is approved by the FDA as a treatment for epilepsy, and is strictly regulated as such. Production of CBD products could be indirectly impacted, however, by a general decrease in hemp production and if producers struggle to comply with the strict 0.4 milligram threshold for THC found in the new law.
It remains unclear exactly what the change will mean. Given the U.S. Department of Justice's previous decisions about prosecuting marijuana usage, it was also unclear how much effort the government will put in to fully enforcing the change. Rumley suggested that both of those questions would be decided in the courts.
A brief history of hemp in the United States
In 1970, Congress solidified the restrictions on marijuana with the Controlled Substances Act, which currently classifies both marijuana and THC under the strictest category, Schedule I, meaning they cannot be used for any reason.
According to the U.S. Constitution, federal law always supersedes state law. However, the U.S. government has limited resources. Over the years, the hardline position on hemp softened, and officials began considering low-level cannabis offenses a lower priority. In 2012, Colorado and Washington legalized marijuana recreationally. In 2013, the Justice Department issued a memorandum saying it would not enforce the Controlled Substances Act's ban on marijuana in those states in some circumstances.
The following year Congress established an experimental program that allowed state agricultural departments and universities to grow industrial hemp — not marijuana — in the 2014 Farm Bill. Cannabis sativa was considered industrial hemp if, and only if, it had a "delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."
As a comparison, in the 1980s marijuana was around 3% THC by weight, according to Health Canada (cannabis is legal in Canada). Today, THC concentration in marijuana generally hovers around 15%, with some potent strains reaching as high as 30%.
The hemp program was successful enough that, in 2018, Congress officially legalized hemp through that year's Farm Bill, with the same restriction — only if the plant contained less than 0.3% delta-9 THC. Growers looked at the regulation and saw an opportunity.
The opportunity came, most simply, because delta-9 is not the only form of THC that causes a high. Although it is less potent, delta-8 THC (among others) also have psychoactive effects. Growers could legally raise plants with a high concentration of delta-8 as long as they also had a low concentration of delta-9. Furthermore,
Products derived from hemp, including edibles, drinks, oils and vapes, have since made their way onto store shelves nationwide, regardless of whether the state has legalized marijuana. The change contained in the November 2025 bill to reopen the government could shut the industry down, although the exact outcome remains to be seen.