Recently, you may have been hearing chatter about a so-called “hemp ban.”
The concern around the corresponding legislation is understandable, but calling it a “hemp ban” is misleading.
We’re getting a lot of questions about this so-called ban, so here, we break down what it is and isn’t.
We also break down what it means for your local licensed cannabis dispensary (in short, nothing will change, so don’t worry!).
What is the federal hemp ban?
The “federal hemp ban” refers to Public Law No. 119-37, which will amend the definition of “hemp” under Title 7, Section 1639o of the U.S. Code.
The law is set to change the definition of hemp to:
- Explicitly include industrial hemp.
- Encompass plants with a total tetrahydrocannabinol (THC) concentration — across all types of THC — of less than 0.3% on a dry weight basis.
Importantly, the bill doesn’t make all hemp illegal. It only bans hemp with a total THC concentration of greater than 0.3%. It doesn’t ban industrial hemp.
It does, though, state that any hemp-derived manufactured products must contain at most 0.4 mg THC per container.
This limit is so low that it could result in full-spectrum hemp-derived cannabidiol (CBD) products that contain trace amounts of THC — previously clocking in below the 0.3% THC limit — becoming illegal too.
How does the federal hemp ban affect states?
States have handled hemp-derived cannabinoids in different ways. Some have banned hemp-derived THC outright, while others have sought to regulate it.
In New Jersey, intoxicating hemp-derived cannabinoid products exceeding the 0.4 mg THC limit will be banned starting in November 2026. However, hemp manufacturers may be permitted to apply for a license through the NJ Cannabis Regulatory Commission (CRC). Those who secure a license successfully will be permitted to sell their products to licensed cannabis dispensaries.
Why is Congress considering a federal hemp ban?
The new definition of hemp is an attempt by Congress to close the ongoing legal loophole involving intoxicating hemp-derived cannabinoids.
This loophole stems from the phrasing of the federal 2018 Farm Bill, which left a legal gray area.
The 2018 Farm Bill legalized hemp with less than 0.3 percent delta-9 THC, but it said nothing about other types of THC, such as delta-8 THC.
As a result, currently, the Food & Drug Administration (FDA) neither evaluates nor regulates these other types of THC, which some manufacturers have begun extracting from hemp to produce intoxicating hemp-derived products.
These hemp-derived products skirt federal hemp laws and state cannabis laws alike.
They are often found in unlicensed locations like smoke shops and gas stations, which is why they are sometimes called “gas station weed.”
These products are not subject to the same safety and testing standards required of the products sold at licensed cannabis operations.
The vast majority of these products will be made illegal under Public Law No. 119-37.
Is Delta-9 THC now illegal?
Public Law No. 119-37 will not change the legal status of delta-9 THC.
This type of THC is currently considered a federally illegal Schedule I drug (though that may change soon, as we’ll discuss below), but in many states, it is regulated and considered legal.
Since nothing about THC’s legal status is changing, local licensed dispensaries like Blue Oak will continue operating just as they always have.
Only products currently marketed as “intoxicating hemp products” will be affected.
These products will be considered Schedule I substances under the federal Controlled Substances Act, making them federally illegal.
What are Schedule I substances?
The U.S. Drug Enforcement Agency (DEA) defines Schedule I substances as “drugs with no currently accepted medical use and a high potential for abuse.”
Notably, all of today’s state-legal cannabis markets emerged while cannabis was a Schedule I substance.
Cannabis remains a Schedule I substance, but it may be rescheduled soon.
A recent executive order directed federal agencies to classify cannabis under Schedule III, which comprises substances with “moderate to low potential for physical and psychological dependence.”
Schedule III substances aren’t legal, but rescheduling would remove economic and research barriers currently facing the cannabis industry, so cannabis’s prospective rescheduling is widely viewed as a win.
Relatedly, some experts worry that classifying hemp products as Schedule I substances will impose obstacles to research into the medical applications of CBD, which is much more abundant in hemp than in cannabis.
When will the hemp ban take effect?
Although Public Law No. 119-37 has been passed, the new definition of hemp will not take effect until November 12, 2026.
This date may change, though, since there are ongoing attempts to delay or repeal the new definition from taking hold, as we’ll discuss later.
In any case, your shopping experience at licensed New Jersey cannabis dispensaries won’t be affected.
How will the federal hemp ban be enforced?
In theory, enforcing the prohibition of intoxicating hemp products will fall to the DEA and, since some of these products are ingestible, the FDA.
However, a December 2025 Congressional publication about the bill states that both agencies “may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market.”
The publication also acknowledges that, when state-level cannabis markets were emerging, federal agencies mostly allowed state laws to take precedence and did not interfere despite cannabis’s federally illegal status.
It’s possible that, after November 12, 2026, states will develop their own markets for intoxicating hemp products and not face any consequences from the federal government.
How will licensed NJ dispensaries be affected by the hemp ban?
Nothing about your experience at Blue Oak will change.
Public Law No. 119-37 pertains to hemp-derived products (such as gas station weed) that take advantage of the 2018 Farm Bill loophole.
These hemp-derived products aren’t subject to the same quality and safety standards as licensed cannabis products, so common claims that they are “safe” alternatives to cannabis have always been unfounded.
By comparison, the cannabis products sold at licensed dispensaries contain only one type of THC — naturally abundant delta-9 THC — and are legally required to undergo rigorous third-party lab testing to ensure potency, purity, and quality.
That’s why you can continue to count on Blue Oak as intoxicating hemp products become illegal.
Why can’t licensed NJ dispensaries sell hemp drinks?
Until the new definition of hemp goes into effect, you’ll still see some hemp drinks (THC beverages) on store shelves in New Jersey. Currently, they are not available at licensed dispensaries, but that could soon change.
Under the existing rules, shops not regulated by the NJ CRC can sell intoxicating hemp products, and all THC beverages currently sold in New Jersey are hemp-derived. Since licensed New Jersey dispensaries, including Blue Oa,k are regulated by the CRC, we can only sell THC mixers such as syrups and drink packets (these products are cannabis-derived).
However, under the new rules, hemp-derived beverage manufacturers would be able to apply for a license with the NJ CRC, much like cannabis brands do today. Hemp manufacturers who secure a license would be able to sell their products through licensed dispensaries. Those that don’t secure a license won’t be allowed to legally sell their products anywhere, dispensaries or otherwise.
How else will the hemp ban affect New Jersey and other states?
The extent of Public Law No. 119-37’s impact on the state level is up for debate.
In its current form, the bill strictly limits hemp-derived cannabinoids to 0.4 mg THC per container but does not prohibit industrial hemp in any way.
This distinction matters for the 59 licensed hemp growers, 13 licensed hemp processors, and six licensed hemp handlers operating in New Jersey as of 2020, the most recent year for which data is available.
The available data does not specify how these operators work with hemp, and many may not be involved in the manufacture of hemp-derived cannabinoid products at all.
For example, some of these manufacturers may create hemp-based textiles, which are being explored as an alternative material for creating reusable bags and building materials.
Others may cultivate industrial hemp for its seeds and their oils, both of which are popular food items you can find in many grocery stores.
The hemp industry, as currently led by the U.S. Department of Agriculture (USDA) and its state-level equivalents, will continue to operate.
After all, if entities working with hemp exclusively grow plants with at most 0.3% THC of all types by dry weight, they’re still operating completely legally.
What is certain is that companies that are only manufacturing intoxicating hemp-derived products or extracting hemp-derived cannabinoids in excess of the new THC limits will need to cease their operations.
Will the hemp ban affect states with legal hemp?
It’s not entirely clear how Public Law No. 119-37 will affect states with legal hemp.
Some experts surmise that state-level hemp markets will emerge as they have with cannabis and that, by extension, existing markets will remain intact.
Additionally, as mentioned earlier, Congress has acknowledged that the FDA and DEA may be largely unable to enforce a so-called “hemp ban.”
It’s entirely possible that, even with Public Law No. 119-37 in place, state markets will be unaffected.
Is hemp actually dangerous?
No, hemp is not dangerous in its natural form.
Hemp is a naturally occurring plant containing less than 0.3% of delta-9 THC, which is the only type of THC found in the regulated, lab-tested cannabis products sold at licensed dispensaries.
As such, hemp isn’t harmful in its natural form, but when hemp-derived compounds are used to produce intoxicating products, it can be a different story.
Gas station weed and other intoxicating hemp-derived products contain alternatives to delta-9 THC that are synthesized from the CBD in hemp plants.
These alternatives include delta-8 THC, delta-10 THC, and THC-O, none of which are subject to any of the stringent testing requirements or safety standards that apply to licensed cannabis products and dispensaries.
There are reports of highly concerning side effects with delta-8 THC consumption, though this may be due to the extreme concentrations of this cannabinoid often found in gas station weed.
Similarly, THC-O is far more potent than delta-9 THC and may lead to overwhelming, unpleasant experiences that can be dangerous.
As a result, intoxicating hemp-derived products are currently unreliable at best and unsafe at worst, despite hemp in its natural state being harmless.
What could stop the hemp ban from happening?
Several proposed bills could tamper the most extreme effects of Public Law No. 119-37.
The Cannabinoid Safety and Regulation Act, sponsored by Senator Ron Wyden (D-OR), would create a regulatory pathway for hemp-derived cannabinoids.
So too would the Hemp Enforcement, Modernization, and Protection (HEMP) Act, sponsored by Representatives Morgan Griffith (R-VA) and Marc Veasey (D-TX).
These two bills fall in line with the vision from the U.S. Hemp Roundtable, a non-profit that advocates for hemp farmers and the hemp industry, to “regulate, NOT ban” hemp-derived cannabinoids following the proposed ban.
Another bill, the Hemp Planting Predictability Act sponsored by Representative James Baird (R-IN), would delay the new definition of hemp from being effective until November 12, 2028.
The American Hemp Protection Act of 2025, filed by Representative Nancy Mace (R-SC), would go further and entirely repeal the new definition of hemp.
Where can I still get products with THC and CBD if hemp is banned?
As a licensed New Jersey cannabis dispensary, Blue Oak will continue to carry THC products and CBD products.
We sell only cannabis flower and products derived from it — nothing on our menu is hemp-derived — so nothing here will change if the “hemp ban” goes into effect.
Additionally, if hemp manufacturers secure licenses from the NJ CRC, their products will be legal to sell in licensed dispensaries. That means licensed hemp-derived cannabinoid products could be coming to dispensary shelves in the near future.
Shop premium cannabis goods at Blue Oak
At Blue Oak Dispensary, we pair top-quality cannabis products with personalized education resources and a focus on holistic well-being.
We’re working toward a world in which cannabis is part of everyday healthcare and wellness — a widely enjoyed support for achieving a balanced lifestyle.
Shop in-person at Blue Oak for a tranquil, welcoming dispensary experience, or schedule a consultation and tour for a guided, informative first-time visit.
We’re here for you regardless of what’s happening with intoxicating hemp products.
