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Last Updated: March 17, 2026

If you’ve been following the hemp and cannabis space (pun intended), you know things are moving fast. Laws are shifting, definitions are changing, and what’s legal today might look different tomorrow. That’s why we built this page: a living, breathing resource to keep you in the loop on everything happening with the 2018 Farm Bill and how it impacts the hemp-derived products you love.

At Galaxy Treats, we believe you deserve more than good vibes, you deserve the facts. So let’s break it down.

What Is the 2018 Farm Bill?

The Agriculture Improvement Act of 2018, better known as the 2018 Farm Bill, was signed into law by President Trump on December 20, 2018. While the Farm Bill is a massive piece of legislation covering everything from crop insurance to nutrition assistance, one provision changed the game for the hemp industry: it removed hemp from the Controlled Substances Act (CSA).

Before 2018, hemp was legally classified the same as marijuana under federal law. Both had been listed as Schedule I controlled substances since the CSA was enacted in 1970, meaning cultivation, distribution, and possession were all prohibited except in the context of approved research. The 2018 Farm Bill changed that by creating a legal distinction between hemp and marijuana based on one key metric: delta-9 THC content. (Source: Congressional Research Service, Congress.gov)

How Did the Farm Bill Define Hemp?

Under the 2018 Farm Bill, “hemp” was defined as the plant Cannabis sativa L. and any part of that plant, including seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis. Any cannabis plant or product exceeding that 0.3% delta-9 THC threshold remained classified as marijuana and subject to CSA restrictions. (Source: 7 U.S.C. §1639o; FDA.gov)

This distinction was a massive deal. By removing hemp from the CSA, the Farm Bill opened the door for legal cultivation, processing, and sale of hemp and hemp-derived products across the country. Registration with the Drug Enforcement Administration (DEA) was no longer required to grow or handle hemp. However, hemp remained subject to regulation by both the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA). (Source: Congressional Research Service, IN12620)

The “Hemp Loophole” & What Happened Next

Here’s where it gets interesting. The 2018 Farm Bill only referenced delta-9 THC in its definition of hemp. It didn’t address other cannabinoids found in the cannabis plant, compounds like delta-8 THC, delta-10 THC, THCA, THC-O, and THCP. Because these cannabinoids weren’t specifically regulated, manufacturers began producing products that contained less than 0.3% delta-9 THC but included higher concentrations of these other cannabinoids, many of which produce psychoactive effects.

This became widely known as the “hemp loophole,” and it fueled the rapid growth of a hemp-derived cannabinoid market estimated at $28 billion. Products like delta-8 gummies, THCA flower, and cannabinoid-infused beverages flooded the market across the country. (Source: Sedgwick, December 2025; U.S. Hemp Roundtable estimates)

In 2020, the DEA issued an interim final rule clarifying that the 2018 Farm Bill limited the control of THC occurring naturally in hemp but did not affect the scheduling of synthetically derived THC. Then in 2021, the DEA issued an opinion letter stating that delta-8 THC would be considered hemp if extracted from cannabis containing no more than 0.3% delta-9 THC, but would be a controlled substance if produced from non-cannabis materials. (Source: Congressional Research Service, R48637)

A landmark legal moment came in 2022 when the U.S. Court of Appeals for the Ninth Circuit ruled in AK Futures LLC v. Boyd Street Distro that delta-8 THC products derived from hemp and containing less than 0.3% delta-9 THC qualified as legal hemp under the Farm Bill’s plain language. This ruling reinforced that the source of the product was the key factor, not the method of manufacture. (Source: Congressional Research Service, R48637)

The State-by-State Patchwork

While the federal government left much of the hemp-derived cannabinoid market unregulated, states took matters into their own hands. The result has been a patchwork of regulations that varies wildly from state to state. Some states embraced hemp-derived cannabinoids and created regulatory frameworks. Others moved to ban or restrict them:

• Tennessee (2024): Implemented age restrictions (21+) and a licensing system for sellers of intoxicating hemp products, with mandatory lab testing and labeling requirements. (Source: The Marijuana Herald, November 2025)

• Florida (2024): SB 1676 placed strict limits on THC levels in hemp products, capping total THC at 5mg per serving, effectively removing many existing delta-8 products from the market. (Source: Friendly Hemp, September 2025)

• Indiana (2025): Officially classified delta-8 THC as a controlled substance, prohibiting its possession, sale, and manufacturing. (Source: Friendly Hemp, September 2025)

• Alabama (2025): Passed legislation requiring all hemp-derived cannabinoids to be sold only through licensed dispensaries, with potency caps of 10mg THC per serving and 40mg per package, plus a ban on smokable hemp and vapes. (Source: The Marijuana Herald, November 2025)

• South Dakota (2024): Enacted a ban on chemically modified or converted cannabinoids from hemp, covering delta-8, delta-10, and THC-O. (Source: The Marijuana Herald, November 2025)

• Arkansas (2025): The Eighth Circuit upheld Act 629, which bans intoxicating hemp-derived cannabinoids including delta-8, delta-10, and THCA, treating them as Schedule VI controlled substances with THC capped at 1mg per container. (Source: Restart CBD, August 2025)

On the other end of the spectrum, states like Minnesota developed comprehensive regulatory models that include licensing, age-gating, labeling standards, and per-serving THC limits, an approach that federal legislators have pointed to as evidence that regulation can work without blanket prohibition. (Source: Frier Levitt, March 2026)

The Big Shift: November 2025 Federal Legislation

On November 12, 2025, President Trump signed the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (P.L. 119-37) into law. Embedded within this government funding bill was Section 781, a provision that fundamentally changes the federal definition of hemp and closes the loophole that had allowed hemp-derived cannabinoid products to flourish since 2018. (Source: Congressional Research Service, IN12620; Perkins Coie)

Here’s what the new law does:

• Switches from delta-9 THC to total THC: The definition of hemp now restricts total tetrahydrocannabinol concentration (including THCA) to no more than 0.3% on a dry weight basis, not just delta-9 THC.

• Bans synthetic cannabinoids: Cannabinoids that are synthesized or manufactured outside the plant, like delta-8 THC (typically converted from CBD in a lab), are excluded from the definition of hemp.

• Sets a 0.4mg THC per container limit: Final hemp-derived products cannot contain more than 0.4 milligrams of combined total THC (including THCA and other THC-like cannabinoids) per container.

• Requires FDA guidance: The FDA was directed to publish lists of naturally occurring cannabinoids, THC-class cannabinoids, and cannabinoids with similar effects within 90 days of enactment.

• One-year implementation window: The new definition takes effect November 12, 2026, giving the industry roughly one year to adapt.

According to industry estimates, this legislation could eliminate approximately 95% of existing hemp-derived cannabinoid products currently on the market, with potential losses of over 300,000 jobs and $1.5 billion in state tax revenue. (Source: Frier Levitt, March 2026; U.S. Hemp Roundtable)

The Fight Back: Current Legislative Efforts

The hemp industry isn’t going quietly. Multiple legislative efforts are underway to either repeal, delay, or replace the November 2025 provisions:

• Hemp Planting Predictability Act (H.R. 7024): Introduced in January 2026 by Rep. James Baird (R-IN) with bipartisan co-sponsors, this bill would delay the effective date of the hemp ban from November 2026 to November 2028, giving the industry and Congress time to develop a permanent regulatory framework. A Senate companion was introduced by Senators Klobuchar (D-MN), Paul (R-KY), and Merkley (D-OR). The House bill currently has 15 co-sponsors. (Source: Cannabis Business Times, January 2026; Frier Levitt, March 2026)

• Cannabinoid Safety and Regulation Act (CSRA): Introduced in December 2025 by Senators Wyden (D-OR) and Merkley (D-OR), this 84-page bill would replace the Section 781 prohibition with a federal regulatory framework. It proposes THC limits of 5mg per serving and 50mg per container for edibles (10mg per container for beverages), a federal minimum purchase age of 21, mandatory third-party testing, and FDA oversight of product safety. (Source: Senator Merkley press release, December 2025; Cannabis Business Times)

• Rep. Nancy Mace’s Repeal Bill: Rep. Mace (R-SC) introduced a straightforward two-page bill to simply repeal the federal ban entirely. (Source: Cannabis Business Times)

• 2026 Farm Bill (H.R. 7567): The House Agriculture Committee approved the Farm, Food, and National Security Act of 2026 on March 5, 2026, after a 20+ hour markup. However, Chairman Glenn Thompson made clear the bill focuses on agricultural hemp provisions, not finished consumer products. An amendment by Rep. Baird to delay the hemp ban was withdrawn. The 2026 Farm Bill does not currently address the consumable product ban. (Source: Cannabis Business Times, March 2026; Frier Levitt, March 2026)

What This Means for Galaxy Treats

We’re not sugarcoating it, the November 2025 legislation has the potential to impact our entire industry. Many of the products you know and love, from our delta-8 gummies to our THCA pre-rolls and live resin vapes, could be affected if the new federal definition takes effect as written in November 2026.

Here’s what you need to know about where Galaxy Treats stands:

• We’re monitoring legislation daily. Our team is tracking every bill, amendment, and regulatory development at both the federal and state level.

• We support smart regulation, not prohibition. We’ve always believed in third-party lab testing, transparent labeling, and quality you can trust. We want federal standards that protect consumers without wiping out an entire industry.

• Your safety is non-negotiable. Every Galaxy Treats product is crafted in the USA, made with real fruit terpenes, and third-party tested for purity. That’s been our standard from day one, and it won’t change.

• We’ll keep you in the loop. This page will be updated as the situation evolves. If laws change, if new bills pass, if there’s something you need to know, you’ll find it here first.

Our Promise to You

The hemp industry is at a crossroads, and we know that can feel uncertain. But here’s what won’t change: Galaxy Treats is committed to bringing you the highest-quality, lab-tested, and thoroughly vetted products on the market. We’ve built our brand on trust, transparency, and out-of-this-world experiences and we’re not slowing down.

We’ll adapt. We’ll innovate. And we’ll keep you informed every step of the way. Because that’s what cosmic brands do.

Bookmark this page. We’ll see you at the next update.

Live Updates Timeline

Scroll down for the latest developments. Newest updates appear at the top.

April 30, 2026

House Passes 2026 Farm Bill; Hemp Ban Unchanged

The House voted 224-200 to pass the 2026 Farm Bill (H.R. 7567). The bill does not include any language to delay or alter the federal recriminalization of hemp THC products scheduled for November 2026. Bipartisan lawmakers had filed amendments seeking to delay the ban, but sponsors withdrew them before floor votes. The bill now heads to the Senate, where the hemp fight is expected to intensify. It does include provisions to reduce regulatory burdens for industrial hemp farmers (fiber/grain), but consumer products are untouched. (Source: Cannabis Business Times, April 30, 2026; Marijuana Moment, April 30, 2026)

Late April 2026

Trump Calls on Congress to Protect Hemp/CBD

President Trump called on Congress to fix language in the forthcoming ban to ensure nonintoxicating, full-spectrum CBD products can continue to be made available to Americans. Rep. Andy Barr (R-KY) was working with the White House on draft language to create a regulatory framework, but withdrew his Farm Bill amendment before it reached the Rules Committee. (Source: Reason, April 27, 2026) 

April 19, 2026

Texas Smokable Hemp Ban Paused by Judge

A Travis County district judge ruled against Texas in a civil suit, temporarily blocking enforcement of the state's smokable hemp ban and allowing shops to resume selling THCA flower and pre-rolls. The order was in effect through at least April 23. Industry groups argued DSHS overstepped its authority with the new rules. (Source: WFAA, April 19, 2026) 

April 16, 2026

Hemp Safety Enforcement Act Introduced

Senators Rand Paul (R-KY), Amy Klobuchar (D-MN), and Joni Ernst (R-IA) introduced the Hemp Safety Enforcement Act, which would allow states and tribal territories to "opt out" of the federal hemp ban and regulate hemp-derived products under their own frameworks. States choosing to opt out would still need to enforce a minimum purchase age and maintain a ban on synthetic cannabinoids not naturally occurring in the plant. Ernst later withdrew her name as a cosponsor, though her office did not explain the decision. The U.S. Hemp Roundtable and VFW Kentucky endorsed the bill. (Source: Senator Rand Paul press release, April 16, 2026; Cannabis Business Times)

April 1, 2026

Medicare Begins Covering Hemp-Derived CBD

For the first time in U.S. history, Medicare began covering hemp-derived CBD products for eligible seniors — no co-pay, physician supervised, through existing healthcare providers. The pilot launched under ACO REACH and the Enhancing Oncology Model. The FDA simultaneously softened its enforcement posture on oral CBD products eligible under this program. However, the coverage allows 3mg of THC per serving — while the November 2026 ban caps all hemp products at 0.4mg per entire container, creating a direct conflict between two federal policies. (Source: Nothing But Canna, April 10, 2026) 

March 17, 2026

Texas to Ban Smokable Hemp Products by March 31, 2026

Texas is set to remove most smokable hemp products from store shelves by March 31 under new regulations that adopt a total THC calculation including THCA. Edibles remain legal but must comply with new packaging requirements. This comes after Gov. Abbott vetoed an outright ban (SB 3) during the 2025 legislative session, opting for regulation instead. Hemp vapes containing THC were already banned effective September 1, 2025. (Source: KBTX/KSLA, March 16, 2026)

March 5, 2026

House Agriculture Committee Passes 2026 Farm Bill — Hemp Ban Unchanged

The House Committee on Agriculture voted 34-17 to approve H.R. 7567, the Farm, Food, and National Security Act of 2026. Notably, the bill does not include any language to delay or repeal the November 2026 hemp product ban. Chairman Thompson has stated the Farm Bill should address agriculture, not finished consumer products. (Source: Cannabis Business Times, March 2026)

Separately, Alabama Senator Tom Butler filed SB 321, which would classify hemp-derived psychoactive cannabinoids as Schedule I drugs and repeal the state’s existing legal framework for consumable hemp. (Source: Alabama Political Reporter, March 5, 2026)

February 2026

FDA Guidance Deadline Passes; Farm Bill Draft Filed

The FDA’s 90-day deadline to publish guidance on cannabinoid classifications and the definition of “container” arrived in early February. House Agriculture Committee Chairman Glenn Thompson filed an 802-page draft of the Farm, Food, and National Security Act of 2026, which addresses regulatory relief for industrial hemp producers but does not directly engage the consumable product ban. (Source: Frier Levitt, March 2026; Scarinci Hollenbeck, December 2025)

January 2026

Bipartisan Bills Introduced to Delay Federal Hemp Ban

The Hemp Planting Predictability Act was introduced in both chambers of Congress. In the House, Rep. James Baird (R-IN) introduced H.R. 7024 on January 12, joined by Reps. Comer (R-KY), Craig (D-MN), Evans (R-CO), and Moore (R-NC). On January 15, Senators Klobuchar (D-MN), Paul (R-KY), and Merkley (D-OR) introduced the Senate companion. The bill would push the effective date of the hemp ban from November 2026 to November 2028. (Source: Cannabis Business Times, January 2026; Frier Levitt, March 2026)

December 2025

CSRA Introduced; Ohio Bans Intoxicating Hemp

Senators Wyden and Merkley introduced the Cannabinoid Safety and Regulation Act (CSRA), proposing to replace the federal ban with a comprehensive regulatory framework including THC limits, age requirements, and FDA oversight. (Source: Senator Merkley press release, December 10, 2025)

Ohio enacted Senate Bill 56, imposing a categorical ban on intoxicating hemp products. A coalition called Ohioans for Cannabis Choice has begun collecting signatures to place a repeal referendum on the November 2026 ballot. (Source: Frier Levitt, March 2026)

November 12, 2025

MAJOR UPDATE: Federal Definition of Hemp Amended

President Trump signed P.L. 119-37 into law, amending the federal definition of hemp to use a total THC standard (not just delta-9 THC), exclude synthetic cannabinoids, set a 0.4mg total THC per container limit for finished products, and require FDA guidance within 90 days. The new definition takes effect November 12, 2026. Industry groups estimate this will affect approximately 95% of hemp-derived cannabinoid products currently on the market. (Source: Congressional Research Service, IN12620; DLA Piper; Perkins Coie)

2022

Ninth Circuit Rules Delta-8 THC Is Legal Hemp

In AK Futures LLC v. Boyd Street Distro, the Ninth Circuit held that delta-8 THC products containing less than 0.3% delta-9 THC qualify as hemp under the 2018 Farm Bill’s plain text, establishing a significant legal precedent for the hemp-derived cannabinoid industry. (Source: Congressional Research Service, R48637)

December 20, 2018

2018 Farm Bill Signed Into Law — Hemp Legalized

The Agriculture Improvement Act of 2018 (P.L. 115-334) was signed into law, removing hemp from the Controlled Substances Act and defining it as cannabis with no more than 0.3% delta-9 THC on a dry weight basis. This opened the door for the legal cultivation, processing, and sale of hemp and hemp-derived products nationwide. (Source: FDA.gov; Congressional Research Service)