FDA Misses Deadline to Publish Required Cannabinoid List Amid Looming Hemp Law Changes
The FDA failed to meet a legal deadline to publish a list of cannabinoids and clarify hemp container definitions, leaving stakeholders uncertain as new federal restrictions approach
Key Points
- 1The FDA missed a February 10 deadline to publish required lists of cannabinoids and define 'container' for hemp products
- 2New federal hemp regulations will take effect on November 12, restricting products to those with less than 0.4 milligrams of total THC per container
- 3Lawmakers have introduced bills to delay or alter the new restrictions, but none have advanced in Congress
- 4President Trump has publicly urged Congress to keep full-spectrum CBD products legal and amend the law
- 5The Congressional Research Service highlighted the FDA's missed deadline and the need for further congressional oversight
The Food and Drug Administration (FDA) has missed a critical legal deadline to release a comprehensive list of cannabinoids, raising industry concerns as major changes to federal hemp regulations approach later this year. Under appropriations legislation signed by President Donald Trump, new rules set to take effect in November will restrict many hemp products that were previously legalized under the 2018 Farm Bill. The law mandated that the FDA, along with other agencies, study the cannabinoid market and provide detailed lists of cannabis-derived compounds within 90 days of enactment
Specifically, the FDA was instructed to publish three separate lists: all cannabinoids known to be naturally produced by cannabis, all naturally occurring tetrahydrocannabinol (THC) class cannabinoids, and all other cannabinoids with similar or marketed effects to THC. Additionally, the agency was tasked with clarifying the term 'container' as it relates to serving sizes for hemp-derived THC products. Despite a clear deadline of February 10, the FDA has yet to issue any of the required guidance, a lapse now highlighted in a recent Congressional Research Service (CRS) report
According to the CRS, "the law requires FDA to consult with relevant federal agencies and publish [the guidance] within 90 days of enactment (which, as of May 2026, has not been published)." Efforts by Marijuana Moment to obtain an update from the FDA on its progress went unanswered. Earlier this year, a spokesperson for the U.S. Department of Health and Human Services indicated the agency intended to meet the deadline, promising publication in the Federal Register, but no further clarification has been provided
The stakes are high for hemp producers and consumers. Beginning November 12, only products containing less than 0.4 milligrams of total THC per container will remain legal, a significant tightening compared to the previous 0.3 percent delta-9 THC threshold set by the 2018 Farm Bill. While lawmakers from both parties have introduced bills and amendments to delay or modify the upcoming restrictions, none have advanced in Congress. The CRS report notes that as the U.S. Department of Agriculture (USDA) revises its regulations, Congress may need to consider the ramifications for farmers, law enforcement, and consumers
President Trump has weighed in publicly, urging Congress to "update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks." The White House also called for legislative action to keep full-spectrum CBD products legal. As regulatory uncertainty persists, the hemp industry faces mounting pressure to adapt to the impending policy shift
OG Lab views the FDA's delay as a pivotal issue for the cannabis sector, with the missed deadline compounding confusion for businesses and consumers alike. As November approaches, all eyes will be on federal agencies and lawmakers to see whether clarity and stability can be restored to the hemp-derived cannabinoid market
