Federal Hemp Law Changed on November 12, 2025: Major Implications for THC & Hemp-Derived Products

On November 12, 2025, the Federal Government reopened after the longest shutdown in history. But, a significant federal legislative change will take effect one year later on November 12, 2026: Congress passed an amendment to the federal hemp law, rewriting the definition of “hemp” and dramatically altering the legal status of hemp-derived cannabinoid products.

If you use, carry, or purchase hemp-derived THC products (including delta-8, delta-10, HHC, vapes, oils, edibles) in Alabama, this federal change could expose you to serious legal risk.

What the Federal Law Now Says

The amendment revises the Agricultural Marketing Act of 1946 § 297A (7 U.S.C. 1639) to define the term “hemp” as follows:

• “Hemp” remains the plant species Cannabis sativa L. and its parts (seeds, extracts, derivatives, cannabinoids, etc.) only if the total tetrahydrocannols (THCs) concentration (including THCA) is not more than 0.3% on a dry-weight basis.
• The term “hemp” excludes any product if it contains:
  • Cannabinoids not naturally produced by the plant, or
  • Cannabinoids that are naturally produced but were synthesized or manufactured outside the plant, or
  • Products with more than 0.4 mg combined total of THCs and any cannabinoids marketed to have THC-like effects, per container.
• It also establishes distinct categories for “industrial hemp” (for fiber, seed, non-cannabinoid uses) and “hemp-derived cannabinoid product” (for human or animal use via inhalation, ingestion, topical).
• The law requires the Food and Drug Administration (FDA) within 90 days to publish lists of naturally occurring cannabinoids, THC-class cannabinoids, and THC-like cannabinoids — further solidifying enforceable standards.

In short: Many hemp-derived products that were previously sold under the label “legal hemp” may no longer qualify under the federal definition. If the cannabinoid is manufactured, altered, or marketed to have THC-type effects, the protection offered by the 2018 Farm Bill may no longer apply.

What This Means in Alabama — The Dual Layer of Risk

You already see the state risk with HB445 (which went into effect July 1, 2025), banning smokable hemp products and setting up a strict regulatory scheme for consumable hemp products beginning January 1, 2026.

But now the federal law adds a separate and overlapping layer.

Key Points for Alabama Residents:

• Under HB445, smokable hemp (flower, joints, buds) is already illegal in Alabama and treated as a Class C felony (1-10 years prison) for possession/sale.  
• Even if a product is labelled as “hemp” or “delta-8” or otherwise appears legal under state licensure, the federal change may classify it as a non-hemp product potentially opening the potential for federal enforcement or undermining state defenses.
• Products that contain synthetic cannabinoids, altered cannabinoids, or are marketed for “THC-like” effects will likely fall outside federal hemp protection. If those same products are in your possession or you purchased them trusting they were legal, you may face unexpected legal exposure.
• The 0.4 mg per container “combined total of THCs + THC-like cannabinoids” threshold is extremely low. Many commercially available gummies, oils, vape cartridges, or edibles may exceed that.
• If enforcement begins, having a product that appears legal under Alabama law may not shield you from federal scrutiny or complicate your criminal defense strategy.

Why This Matters for You

Whether you are a user, traveler, or purchaser of hemp-derived products, here are the implications:

• Possession of a product that contains a synthetic cannabinoid or exceeds the federal limits may result in loss of legal protection you assumed under “hemp” law.
• Transporting or using these products across state lines may trigger federal jurisdiction.
• Buying from local shops or online may no longer be safe just because the product says “hemp.” You must confirm compliance with the new federal standards.
• Unknowing possession is still risky: ignorance of the law may not prevent seizure, criminal charges, or serious legal consequence.
• If you’re under investigation or charged for possession/distribution of a hemp-derived THC product, your defense must account for both Alabama law and this new federal law.

What You Should Do Starting November 12, 2026

Given this dual threat of state and federal regulation, you should consider the following steps:

1. Stop using or carrying any hemp-derived product that is a vape, edible, oil, tincture, or anything marketed for THC-type effects until you confirm compliance.
2. Check labels and packaging:
   • Is THC or THCA listed?
   • Does the product claim psychoactive or “THC-like” effects?
   • Is there a “serving” or “container” total > 0.4 mg THCs or similar cannabinoids?
   • Was the cannabinoid “synthesized” or “manufactured outside the plant”?
3. Dispose of questionable products safely (after consulting legal advice) as keeping them may expose you to legal risk.
4. If you’ve been charged or are under investigation, contact legal counsel experienced in criminal defense and cannabis/controlled-substance law.
5. Avoid interstate transport of hemp-derived cannabinoid products unless you are absolutely sure they conform to federal definition. What is legal in one state may trigger federal enforcement elsewhere.

How Vaughn Defense Can Help

At Vaughn Defense, we are deeply familiar with Alabama’s aggressive approach to hemp regulation (via HB445) and the newly-enacted federal changes. Our experience includes defending individuals who believed they were compliant only to be caught by shifting regulatory definitions.

If you:

• Are facing possession or distribution charges involving hemp-derived THC products,
• Want to know whether a product you purchased is still legally protected,
• Or need to protect your rights before enforcement starts,

We can evaluate your case, explain the state and federal legal framework, and build a defense strategy tailored to the complex and evolving law.

Call us at (334) 232-9392 or visit www.vaughndefense.com to schedule a confidential consultation. We serve clients in Auburn, Opelika, Lee County and neighboring jurisdictions.

Disclaimer: The content of this blog post is provided for informational purposes only and does not constitute legal advice. Laws and regulations change rapidly. Always consult a qualified attorney for advice specific to your situation.