A sweeping federal ban on intoxicating hemp-derived THC products is now law after President Donald Trump signed the measure this week, setting a one-year countdown clock for nationwide enforcement and prompting states like Ohio and Kentucky to brace for major changes across their cannabis and hemp markets.
New Definitions
The new rule limits consumable cannabis products to 0.3 milligrams of total THC by dry weight (including delta-8, delta-9, THCA and other cannabinoids with similar effects). It also bans finished consumer hemp products containing more than 0.4 milligrams of THC per container and prohibits the sale of hemp-derived intoxicants such as delta-8 THC in many retail settings.
The measure was added quietly by Congress into a larger federal package during final negotiations last week that came after the longest government shutdown in history. The hemp provisions were tucked into the legislation late in the process as a compromise to secure votes for the broader bill.
The federal change will classify intoxicating hemp-derived cannabinoids the same as federally illegal marijuana-derived THC, effectively ending nationwide sales of this new unregulated category of products that has proliferated since the 2018 Farm Bill.
The Federal Hemp THC Ban: Why It Happened
According to multiple state regulators, the market grew far beyond what the government intended when it legalized hemp with a 0.3 percent delta-9 THC limit. Products with delta-8, delta-10 and chemically-converted cannabinoids have since been formulated and sold in gas stations and other retail stores, often without age-verification or testing requirements.
Advocates of the federal change argue it will protect consumers and prevent youth access. Opponents counter that the move will disrupt small hemp businesses and limit access for adults in states without full cannabis legalization.
It’s important to note that hemp will remain legal for industrial applications — such as seed, stock, fiber, and grain oil. Hemp is also used as a building material and has a plethora of uses outside of consumer products.
Ohio Developments: Lawmakers Push To Finalize Hemp Regulations
On the heels of the federal news, lawmakers in Ohio are working to pass a state-level hemp-THC regulatory bill before their Thanksgiving recess. Both chambers agree on establishing age limits, improving product testing standards and requiring accurate labels.
However, the House and Senate remain divided on how to license retailers and whether existing hemp shops may continue selling converted THC products under new rules. Using Sub SB 56 as a guide, a conference committee must now resolve these differences before passes to the Governor for his signature.
What This Means for Ohio Patients and Consumers
Consumers may continue purchasing hemp-derived products for now at retail locations, but that availability will be ending soon. Many retailers are already currently selling off their intoxicating hemp products in preparation for the federal ban, with the state ban also looming.
For Ohioans who rely on THC hemp products currently, the clearest and most consistent pathway to accessing THC remains purchasing it from licensed Ohio dispensaries or growing it yourself at home. Ohioans may grow up to 6 plants per individual, and up to 12 per residence.
Kentucky Developments: Transitioning Toward a Regulated System
Kentucky cannabis consumers currently relying on intoxicating hemp products should also expect to see their favorite stores no longer carrying their products soon. Sen. Rand Paul, R-Ky., filed an amendment to strip the hemp provision from the federal bill, but it failed. The Kentucky Hemp Association held press conferences Friday in Louisville and Lexington to address the bill, according to WLKY.
Kentucky’s first licensed medical cannabis dispensaries are expected to open within 1-2 months. The state has developed regulatory structures for cultivation, processing, laboratory testing and retail operations and are ready to go with several dispensaries reportedly ready for final inspection in December or January.
Until dispensaries open, Governor Andy Beshear’s executive order allows Kentuckians with qualifying conditions to legally possess cannabis purchased in states such as Ohio, Illinois or Michigan, provided they retain receipts and follow possession limits.
Like in other states, Kentucky’s licensed cannabis products will be tracked from seed to sale. Kentucky will have 48 dispensaries across the state where patients can access their THC and cannabis medicine. Kentuckians may not grow their own cannabis at home.
Kentucky has also confirmed that once its dispensaries open, the state will honor valid medical cannabis cards from other states, a policy known as reciprocity. According to the state’s Office of Medical Cannabis in the Cabinet for Health and Family Services, reciprocity is intended to support patients who regularly cross state lines for work, medical care or family obligations.
When Kentucky’s dispensaries open, patients will need a Kentucky-issued medical cannabis card or a valid out-of-state card that includes a condition recognized by Kentucky to purchase from licensed dispensaries.
Michigan Developments: Cannabis Tax Changes on the Horizon
Michigan is also preparing for a major policy change in 2026 that will affect patients and consumers who travel to shop there. A 24 percent wholesale cannabis tax has been approved. The tax is expected to generate roughly $420 million annually to fund infrastructure projects. Industry groups warn that the effective rate could exceed 30 percent once existing retail taxes are applied, potentially impacting pricing and consumer buying habits across the region.
Michigan has not enacted a statewide ban on intoxicating hemp products, but regulators have stressed that age limits and testing requirements are needed. Further legislative discussion is expected as federal changes take effect.
Michigan’s prices for cannabis have been among the lowest regionally, and higher taxes might make more buyers choose not to make the trip up north. Consumers who travel to Michigan regularly to purchase cannabis and bring it home should anticipate potential pricing adjustments in 2026 when the new wholesale tax takes effect.
What Patients and Consumers Should Know
With state and federal rules shifting rapidly, consumers should stay informed about changes affecting access, safety and pricing. Dispensary access remains unchanged for medical patients and consumers. In both Ohio and Kentucky, maintaining an active medical cannabis card and purchasing from licensed state dispensaries will still be the most reliable path for accessing the widest variety of tested THC products. In Ohio, patients and consumers also have the right to grow THC-containing cannabis plants at home.
Advocacy groups are already mobilizing at both the state and national levels. Advocates in Ohio hope to influence the outcome of the SB 56 conference committee review. Nationally, advocates hope to reverse the ban that’s set to take effect in November 2026 and recommend that patients and consumers remain engaged and contact state legislators about specific provisions that may affect them. For ongoing coverage of cannabis policy in Ohio, Kentucky and beyond, follow MedicateOH and subscribe to our newsletter.
