Total THC Ban

Congress reversed the 2018 Farm Bill.

The rollback was buried inside the bill that ended the longest government shutdown in U.S. history, and it's now law. Public Law 119-37 doesn't ban hemp by name, it just rewrites the definition of "hemp" so narrowly that almost nothing on today's shelves still qualifies. A finished product can contain no more than 0.4 milligrams of total THC per container. Our advisors have told us that a large bundle of hemp twine typically contains more "total THC" than that. This law doesn't just end the intoxicating-hemp market, it threatens hemp farming as an industry, full stop. There is no phase-out, no exemption for existing inventory, and no state opt-out. When this hits, it hits everywhere at once.

The law took effect the day it was signed. The only thing standing between now and enforcement is a one-year grace period set to expire November 12, 2026.

What This Means in Wisconsin

  • Right now: Nothing changes for customers today. Sales during the grace period remain legal under federal law.

  • After November 12, 2026: Every consumable product over 0.4 mg total THC per container — THCA flower, delta-8 edibles and vapes, HHC, and similar cannabinoids — becomes federally illegal to sell, in Wisconsin and every other state. Not restricted. Not regulated harder. Illegal.

  • State bills: Wisconsin's SB 499 (2025-26) would tighten the state's own hemp definition, but it's stalled in committee and hasn't passed. It doesn't matter either way — federal law overrides it the moment the grace period ends.

Timeline

  • Law signed: November 12, 2025.

  • Grace period: 365 days. Ends November 12, 2026.

  • After that date: Enforcement begins. No advance warning, no notice period — the calendar is the trigger.

What's Covered

  • Any product exceeding 0.4 mg total THC per container — including THCA, Delta-8, Delta-10, HHC, and other intoxicating hemp-derived cannabinoids.

  • This means every format, not just flower. Vapes, gummies, drinks, tinctures, capsules, dabs, pre-rolls — if it's a finished product and it contains more than 0.4 mg of total THC, it's covered. There is no "Delta-8 is fine" carve-out. Delta-8 counts toward the total exactly like Delta-9 does. The law doesn't care what you call the cannabinoid — it counts all of them together.

  • This applies nationwide and overrides any more permissive state law, including whatever Wisconsin decides on its own.

What Happens to Legal States

This isn't just a problem for THC-heavy products. Our advisors have explained that there's essentially no CBD product on the market — and it's nearly impossible to manufacture one — that stays under 0.4 mg of total THC, because the law counts every trace cannabinoid: Delta-10, THCV, and all the other minor compounds that show up in trace amounts in virtually any hemp extract. That means even states with fully legal, regulated cannabis and hemp markets aren't exempt. Places like Colorado will still have to pull CBD products — especially topicals — off shelves once the grace period ends, because the federal cap doesn't bend for state law.

What It Would Take to Undo This

This is not automatic and not likely on current timelines. For anything to change before November 12, 2026, Congress would have to act — and nothing currently in motion has passed either chamber. Two efforts are the ones actually being discussed:

  • A straight delay. The Hemp Planting Predictability Act would push the effective date from 2026 to 2028, buying the industry more time without changing the underlying rules. It has bipartisan interest but is still just a bill.

  • A regulate-instead-of-ban approach. The Cannabinoid Safety and Regulation Act would replace the ban with a federal regulatory framework — age restrictions, testing, labeling — rather than eliminating the product category outright.

Both require Congress to pass new legislation and the President to sign it, all before the grace period runs out. Absent that, the ban takes effect exactly as written. We're not banking on either bill — we're planning as if November 12, 2026 is the real deadline, because right now, it is.

What We're Doing

  • Continuing normal operations through the grace period.

What You Can Do

  • Stay informed. We'll post updates here and in-store as soon as official guidance is published.

  • Questions? Ask our staff — our goal is to be transparent about timelines and product changes.