Thanks to Congress’ four-week reprieve, most hemp-derived cannabinoid products that were supposed to become federally prohibited on Nov. 12 remain legal until at least Dec. 11. But there’s one specific exception.
The federal government’s delay provision excluded products containing cannabinoids “not capable of being naturally produced by a Cannabis sativa L. plant,” such as THC-O, which became illegal as of Thursday.
Other products, such as those containing delta-8 THC, delta-10 THC and THCP, which are often synthetically derived from hemp, are capable of being naturally produced by the plant, will remain federally permitted until at least Dec. 11, when the remainder of the government’s forthcoming ban is scheduled to take effect. This second phase of the ban also includes products containing more than 0.4 milligrams of total THC (including THCA) per “container.”
THC acetate ester, commonly referred to as THC-O, is considered a semi-synthetic derivative, or analogue, of hemp, which can be produced by converting plant-derived CBD to delta-8 THC, then adding acetic anhydride. The lab process could also be done through converting delta-9 THC, one of the main naturally occurring components of cannabis.
“Why would someone do this? Well, one reason would be that – reportedly – this is twice or maybe three times more potent than THC,” Dr. Ethan Russo, M.D., a renowned endocannabinoid researcher, told Cannabis Business Times in 2021.
RELATED: THC-O Acetate Q&A with Dr. Ethan Russo: ‘Don’t Go There'
While the 2018 Farm Bill federally legalized the commercial cultivation of hemp, it defined hemp as a cannabis plant containing no more than 0.3% delta-9 THC on a dry-weight basis as determined by a pre-harvested field test. This definition led to what has widely been called the “loophole” that led to intoxicating hemp-derived cannabinoid products landing on the shelves at vape shops, convenience stores and gas stations nationwide.
In November 2025, lawmakers in Washington devised legislation to close this loophole, attaching the Hemp Definition Amendment to a broader appropriations package that President Donald Trump signed to end a 43-day government shutdown.
More specifically, the amendment redefined hemp with a new threshold based on total THC concentration rather than only on the concentration of delta-9 THC, and also included the language on unnatural and synthetic cannabinoids, as well as on the 0.4-milligram container limit.
Through Trump-signed law, Congress required the U.S. Food and Drug Administration (FDA) to publish a list of natural and synthetic cannabinoids and to define “container” within 90 days (by Feb. 10, 2026); however, 365 days after enactment, the federal agency has not done so.
Without the FDA’s cooperation in providing a list of known cannabinoids that the cannabis plant can naturally produce, enforcement of the federal government’s Dec. 11 ban on intoxicating hemp products may lose some of its teeth.
In a Nov. 9 blog post, international cannabis attorney Rod Kight wrote that his clients have asked, “If my products remain legal under state law, can I keep selling them despite the federal ban?”
He said his answer is “a qualified yes,” but cautioned hemp operators of the “significant federal legal exposure” they may face.
In February 2023, after Kight inquired about the legal status of THC-O under the 2018 Farm Bill, the Drug Enforcement Administration (DEA) declared that it was a Schedule I controlled substance and did not meet the definition of hemp.
However, in September 2024, the U.S. Court of Appeals for the Fourth Circuit ruled that THC-O did meet that definition under the 2018 Farm Bill, paving the way for all downstream products to continue to be sold on the marketplace, so long as they do not cross the 0.3% delta-9 THC threshold, as the Ninth Circuit had ruled two years earlier.
In the interim of this federal conundrum, many states began implementing their own regulations or prohibitions on intoxicating hemp-derived cannabinoid products in the name of public health and consumer safety.
More recently, states such as Ohio, Missouri and Illinois began aligning their hemp laws with the federal government’s forthcoming ban.
In Missouri, the Intoxicating Cannabinoid Control Act, legislation mirroring the forthcoming federal prohibitions, went into effect on Nov. 12, after Gov. Mike Kehoe signed House Bill 2631 into law earlier this year. This new law requires most hemp-derived cannabinoid products to now be sold through the state’s licensed cannabis dispensaries, according to the Missouri Department of Health and Senior Services.
Missouri Rep. Dave Hinman, R-O’Fallon, sponsored the legislation.
“The federal government is saying, if it is an intoxicating product, then it could not be sold out publicly. Any intoxicating product has to be sold in a regulated market,” he said. “Basically, what we are doing is just following the federal government’s new law. We are not giving anything over to the marijuana industry.”
In Illinois, a lawsuit brought forward by the Illinois Healthy Alternatives Association and roughly 250 hemp businesses stopped the state’s hemp THC product ban from going into effect on Nov. 12. According to the lawsuit, state officials agreed to delay the ban for those businesses until at least Nov. 19, when a federal judge will hear arguments on the case.
The law in question, the Illinois Hemp Act, also would require that products containing more than 0.4 milligrams of total THC to be sold only in the state’s licensed cannabis dispensaries, like in Missouri, according to the Illinois Department of Revenue.
On the national stage, U.S. House Rep. Morgan Griffith, R-Va., said last month that he planned on preventing the federal government’s ban from going into effect on Dec. 11 through attaching legislation to a reconciliation package during the lame-duck session.
In January 2026, Griffith and Rep. Marc Veasey, D-Texas, introduced the Hemp Enforcement, Modernization and Protection (HEMP) Act, legislation that would create a federal regulatory framework for hemp-derived products for those 21 and older, including placing an intoxicating cannabinoid limit (such as THC) of 5 milligrams per serving and 30 milligrams per package, should the FDA continue to take a hands-off approach to regulation.
“I think we need to get my THC regulatory bill passed, and if we could get that into a reconciliation bill before the 11th of December, that’d be fabulous,” Griffith said ahead of the midterm elections. “I truly believe if we don’t do something before that December 11th deadline, that it’s going to create all kinds of issues.”
