What Does the 2018 Farm Bill Say About Hemp?
The 2018 Farm Bill made hemp legal at the federal level as long as it has 0.3% or less delta-9 THC on a dry weight basis. This law took hemp off the federal list of controlled substances. But federal legality is only part of the picture. States can set their own rules, and some states are stricter than federal law. A new federal law is also set to change the hemp definition itself, starting in late 2026.
Important: The Federal Definition of Hemp Is Scheduled to Change
In November 2025, Congress passed a new spending law that includes a section, known as Section 781, which rewrites the federal definition of hemp. Instead of counting only delta-9 THC, the new definition counts total THC, including THCA and delta-8 THC. It also sets a cap of 0.4 milligrams of total THC per container for finished products, and it removes lab-made or converted cannabinoids from the legal definition of hemp entirely.
This change has a scheduled effective date of November 12, 2026. In August 2026, the Senate voted to delay most of these changes until December 11, 2026, to give lawmakers more time to work out a longer-term plan. As of late August 2026, the House of Representatives had not yet acted on that delay. Until Congress completes this process, current law still designates November 12, 2026, as the operative date. Because this is actively moving, check the Library of Congress summary of the hemp definition change or the official USDA hemp page below for the latest status before you rely on any specific date.
How the 2018 Farm Bill Defines Hemp
The 2018 Farm Bill, officially called the Agriculture Improvement Act of 2018, defines hemp as the plant Cannabis sativa L. and any part of that plant, including its seeds, extracts, and cannabinoids, as long as it has no more than 0.3% delta-9 THC on a dry weight basis. Cannabis above that THC level is legally treated as marijuana, which remains a Schedule I controlled substance under federal law.
This definition is what current hemp gummies, oils, and other hemp-derived products rely on today. It’s also the definition that Section 781 is scheduled to replace.
Who Regulates Hemp After the 2018 Farm Bill
Two federal agencies matter here, and they do different jobs.
USDA oversees hemp as a farmed crop. The U.S. Department of Agriculture published its Domestic Hemp Production Program as an interim rule in October 2019, and a final rule took effect in March 2021. You can read the current version at the official USDA hemp rules and regulations page. USDA’s rules cover growing, testing, and disposal of non-compliant plants. They do not address whether a finished product, such as a gummy, can legally be sold to consumers.
FDA oversees hemp-derived products once they become food, supplements, or cosmetics. The 2018 Farm Bill specifically retained FDA’s authority here. According to the FDA’s own consumer guidance, the agency has approved only one CBD product, a prescription drug for certain seizure conditions. It is still against federal law to add CBD to food or to sell it as a dietary supplement. In January 2023, FDA stated that its existing food and supplement rules don’t fit CBD well and said it would work with Congress on a new approach. You can read FDA’s original explanation at FDA’s consumer update on cannabis and cannabis-derived products.
Federal Legal Doesn’t Mean Legal Everywhere
The 2018 Farm Bill allowed states and tribes to write their own hemp production plans, and it did not prevent states from enacting stricter consumer product rules. That’s why hemp legality looks different depending on where you live. Some states allow the same products sold nationwide. Others limit certain cannabinoids, restrict smokable hemp, set their own THC limits, or require a minimum age to buy hemp products.
Before assuming a product is legal where you live, check:
- Whether your state sets a different THC limit than the federal 0.3% delta-9 standard
- Whether your state restricts specific cannabinoids, such as delta-8 THC
- Whether your state restricts certain product types, such as smokable hemp or hemp beverages
- Whether your state requires a minimum purchase age for hemp-derived products
- Whether your state runs its own hemp licensing or testing program separate from USDA’s
Your state’s department of agriculture or attorney general’s office is the most reliable place to check current state rules.
Timeline: What Has Changed Since 2018
- December 2018: The 2018 Farm Bill is signed into law, removing hemp with 0.3% or less delta-9 THC from the Controlled Substances Act.
- October 2019: USDA publishes an interim final rule creating the Domestic Hemp Production Program.
- March 2021: USDA’s final hemp production rule takes effect, codified at 7 CFR Part 990.
- November 2025: Congress passes a new appropriations law containing Section 781, which redefines hemp using a total THC standard, adds a 0.4 milligram per container cap, and excludes lab-made or converted cannabinoids from the hemp definition.
- August 2026: The Senate votes to delay most of these new provisions to December 11, 2026, while the House has not yet acted on that delay.
- November 12, 2026: The scheduled effective date for the new hemp definition, unless Congress delays or changes it further.
How to act on what you know about The 2018 Farm Bill and Hemp Legality
- Step 1: Check the product label for its delta-9 THC or total THC percentage on a dry weight basis.
- Step 2: Confirm today’s date against the federal effective dates above, since the definition of legal hemp is scheduled to change.
- Step 3: Look up your specific state’s hemp and cannabinoid laws, since they can be stricter than federal law.
- Step 4: If the product contains delta-8 THC or another minor cannabinoid, check whether your state allows it separately from delta-9 THC.
- Step 5: If you are unsure, contact your state department of agriculture or consult a qualified attorney familiar with hemp law in your state.
Situations that need added care with The 2018 Farm Bill and Hemp Legality
Federal legal status is not the same as medical safety or approval. FDA has said it has only limited safety data on CBD and that real risks need to be considered. Anyone who is pregnant or breastfeeding, taking prescription medication, managing a health condition, or subject to workplace drug testing should talk with a qualified clinician before using any hemp-derived product. Hemp products are not intended for anyone under the legal age set by their state.
What remains uncertain about The 2018 Farm Bill and Hemp Legality
- This article explains the federal legal framework. It does not cover every state’s individual laws, which change often.
- Federal law itself is scheduled to change in late 2026, and the exact effective date is still being debated in Congress as of this writing.
- FDA has stated it has only limited safety data on CBD and cannabis-derived compounds.
- Legal status does not mean a product is proven safe, effective, or appropriate for any individual.
Questions readers ask about The 2018 Farm Bill and Hemp Legality
Is hemp legal in every state?
Hemp that meets the federal definition is legal at the federal level, but individual states can add their own restrictions on top of that. Some states limit certain cannabinoids or product types even when the product is federally legal.
What is the difference between hemp and marijuana under the 2018 Farm Bill?
Under the 2018 Farm Bill, the difference is the delta-9 THC level. Cannabis with 0.3% or less delta-9 THC on a dry weight basis is legally hemp. Cannabis above that level is legally treated as marijuana.
Will hemp gummies still be legal after November 2026?
That depends on the product’s total THC content and on how Congress finishes handling Section 781’s effective date, which was still being debated as of August 2026. Check official sources like USDA and Congress.gov for the current status before assuming any product’s future legal status.
Does the FDA allow CBD to be sold as a dietary supplement?
No. According to the FDA’s own guidance, it is currently against federal law to market CBD by adding it to food or labeling it as a dietary supplement, even though hemp itself is legal to grow under the 2018 Farm Bill.
Educational Disclaimer
This article is general consumer education about the 2018 Farm Bill and federal hemp law. It is not legal or medical advice, and it does not evaluate the legal status of any specific product, brand, or state. Laws referenced here are current as of the time of writing and are subject to change, particularly given the pending 2026 federal hemp definition update. For guidance on your specific situation, consult your state’s official resources or a qualified attorney, and speak with a qualified clinician for any health-related questions. See our editorial standards, editorial team and review process, and medical disclaimer for more on how we cover this topic, or learn more about Take Hemp
This article is for general information purposes only and does not constitute medical advice. Consult your doctor or qualified healthcare provider before making changes to your health routine.