U.S. States Escalate Restrictions on Hemp-Derived THC Products

A wave of state legislative activity is sweeping the nation as several states enact strict controls—or outright bans—on intoxicating hemp products derived from low‑THC hemp. These efforts follow growing concerns about unregulated, psychoactive cannabinoid products on the market.

Texas Advances Sweeping Hemp-THC Ban
In Texas, Senate Bill 3 aims to prohibit all consumable hemp products containing THC—including gummies, beverages, and vapes. The bill, backed by Lt. Gov. Dan Patrick and passed by the Legislature, now awaits Governor Abbott’s signature or veto. Proponents argue similar regulatory frameworks fail to prevent youth exposure, while the hemp industry warns the measure would devastate a multibillion-dollar market employing thousands.

Nebraska Moves to Criminalize Hemp-THC Sales
Nebraska’s Legislature has introduced a bill classifying hemp-derived THC products—exceeding 0.3% total THC or 10 mg per package—as criminally illegal. Retailers and users have expressed concern that the legislation could penalize individuals using these products for medical relief while decimating a growing industry with more than 300 businesses statewide.

North Carolina Forms Regulatory Advisory Council
North Carolina diverges from the crackdown trend by forming a bipartisan advisory council to regulate cannabis and hemp-derived THC products. Led by Governor Josh Stein, the council is charged with crafting both medical and recreational cannabis policies, alongside recommendations for intoxicating hemp products to safeguard minors and public health. Preliminary proposals are expected by March 15, 2026.

Missouri’s Regulatory Crossroads
Missouri has seen several failed bills aiming to regulate intoxicating hemp beverages, edibles, and vapes. A recent attempt to impose age limits and product standards was defeated in committee, hampering industry efforts to reach a consensus. The regulatory void persists amid conflicting interests between traditional hemp producers and the licensed cannabis sector.

Why Now? Explosive Growth and Regulatory Concerns
Since the 2018 federal Farm Bill legalized hemp (≤0.3% delta‑9 THC), manufacturers have synthesized psychoactive cannabinoids like delta‑8, delta‑9, and THCA, embedding them in consumables. While federal law permits hemp, the lack of clear regulation has prompted public safety concerns—particularly about youth access—and raised questions about consistency in labeling, product testing, and marketing.

A coalition of state attorneys general has urged Congress to update federal policy to close this legislative gray zone. Simultaneously, various states—such as Virginia, Colorado, and Illinois—have already imposed caps on THC content or issued direct bans on intoxicating hemp products.

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