President Donald Trump (R) signed a bill pushing the upcoming intoxicating hemp ban from Nov. 12th to Dec. 11th since he wants to regulate it.
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However, according to Marijuana Moment, the legislation “contains a carve-out to allow the immediate recriminalization on November 12th of synthetic cannabinoids “that are not capable of being naturally produced by a Cannabis sativa L. plant.”
The initial phased-in federal hemp ban was passed by Congress last year as part of a government funding bill. It would have prohibited CBD and the selling of seeds. Both don’t get you high, and neither is “psychoactive.”
The Trump Administration sent a letter to Congress in June 2026 to “update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”
The former talk show host Dr. Oz, who is running Medicare, said the bill would have prevented Medicare from helping to pay for some CBD-derived products for certain seniors.
The ban would have also ended THC drinks being sold in liquor stores nationwide.
Notably, New Jersey Attorney General Jennifer Daveport (D) was among the 35 bipartisan Attorneys General who signed a letter to Congress protesting the possible delay of the hemp ban before it went into effect.
The letter said that “if the loophole is reopened or the new definition is weakened or repealed, States will face renewed litigation, inconsistent enforcement, regulatory uncertainty, increased youth access to intoxicating products, and disruption of lawful businesses that have already adjusted their operations to comply with the new federal framework.”
They added “….change at this stage would allow the return of unregulated intoxicating cannabis products that Congress appropriately chose to address.”
Big Booze Lobby Happy About Delay
The Big Liquor special interest group supported delaying the ban since their members benefit from selling THC seltzer drinks versus licensed dispensaries.
In a press release, the Beverage Alcohol Merchants Coalition (BAMCO) thanked the White House and US Senators for allowing Congress additional time “to establish effective federal regulation of low-dose, hemp-derived THC products. BAMCO is committed to working with Congress to establish an enforceable regulatory framework for hemp-derived THC beverages that puts product and consumer safety first.”
They argued that “BAMCO supports a federal framework that restricts sales to adults, requires rigorous testing and clear labeling, and establishes strong standards for marketing, distribution and retail sales.”
Congress and Intoxicating Hemp Questions
Since the initial ban passed Congress last year, there has not been a clear consensus on what would happen when the ban went into effect.
The 2018 Farm Bill passed by Congress and signed into law during Trump’s 1st non-consecutive presidential term legalized hemp. Its passage allowed for hemp with cannabinoids other than Delta-9 THC to proliferate. Hemp was only supposed to include products that don’t get you high and are made from the plant.
Since THCA often doesn’t become Delta-9 THC until it is burnt, this led to a great range of products labeled hemp that got you high that were dominant in THCA and other cannabinoids like Delta-8 THC becoming available.
New Jersey and Intoxicating Hemp
Garden State politicians have wanted to crack down on hemp for some time. The NJ intoxicating hemp regulation bill was signed into law in September 2024 by former Governor Phil Murphy (D). However, a lawsuit complicated things.
It did allow the NJ Cannabis Regulatory Commission (NJCRC) in November 2024 to announce “the State advises that the law’s prohibition on the sale or distribution of hemp products or cannabis items that are not derived from naturally occurring biologically active chemical constituents remain in effect and is currently enforceable.”
After the lawsuit was judged, the New Jersey legislature then passed another similar law to largely ban infused or intoxicating hemp. Former Governor Murphy signed that intoxicating hemp law in January 2026. It included a ban on hemp flower, which began to go into effect in April 2026.
The final phase was supposed to be a ban on liquor stores selling THC drinks when the federal ban went into effect.
