Trump signs halt agreement to recriminalize hemp in the U.S.; measure to take effect after 365 days

President Donald Trump signed the law that ends the longest government shutdown in U.S. history and, simultaneously, restores the federal ban on most hemp-derived products. The measure, approved by the Senate on Monday and by the House on Wednesday, marks one of the largest drug policy reversals in decades in the United States.

The text, inserted into the government funding bill, redefines the legislation regulating hemp and its derivatives. The main change is the alteration of the definition of hemp established by the 2018 Farm Bill, which now considers “total THC” — including THCA, delta-8 THC, and other isomers — as the legal parameter. Currently, the limit is restricted to delta-9 THC. This new metric will make various products and flowers available on the market since 2018 illegal.

Another central point is the creation of a limit of 0.4 mg of total THC per package, regardless of the type of product. The rule makes a large part of broad-spectrum CBD products unviable and bans synthetic or manufactured cannabinoids, such as delta-8 THC produced from CBD.

During the transition period of 365 days from the publication date, the FDA (U.S. Food and Drug Administration) will be responsible for defining labeling guidelines, laboratory testing, and the concept of “packaging” for enforcement purposes.

In light of this scenario, companies and industry experts are adopting a cautious stance. “Our position at the moment is one of strategic caution. Any consideration at this time is premature. We are not facing a specific government act but rather a situation that must be monitored very closely”, says Christiani Di Risio, CEO of Earth Wellness.

The Cannabis Clinicians Society (SCC) recommends that producers and consumers voice their concerns to their representatives, presenting data on jobs, revenue, and therapeutic benefits related to hemp products.

For Dr. Wilson Lessa, psychiatrist and vice president of AMBCANN (Brazilian Medical Association of Endocannabinology), the American debate should serve as a warning for Brazil. “This uncertainty regarding the future of hemp products in the U.S. should at least raise awareness in Brazilian society about the need to strengthen patient associations and regulate cultivation and licenses for small family farmers in a cooperative model, as is being done in Morocco, so that we depend less and less on the political whims of other countries”, he states.