The Food and Drug Administration has failed to meet a congressionally mandated deadline to publish essential guidance on hemp-derived cannabinoids, creating widespread uncertainty for an industry already bracing for major regulatory changes. The agency was required to submit comprehensive lists of cannabinoids and clarify key definitions by February 10, 2026, but that date came and went without any official publication.
This missed deadline carries significant weight. As federal hemp laws prepare to undergo their most dramatic transformation since 2018, thousands of businesses and consumers find themselves navigating a regulatory fog with no clear path forward.
According to reporting from Marijuana Moment, the lack of guidance has intensified calls for Congress to delay the implementation of hemp restrictions scheduled to take effect in November 2026.
What the FDA Was Supposed to Deliver
The agency’s assignment stemmed from appropriations legislation signed by President Donald Trump in November 2025. The law required the FDA to produce three distinct lists within 90 days: all cannabinoids that the cannabis plant naturally produces, all naturally occurring tetrahydrocannabinol (THC) class cannabinoids, and all other known cannabinoids with effects similar to THC or marketed as such.
Beyond these lists, the agency was also tasked with providing “additional information and specificity” about the term “container” as it relates to hemp product THC serving sizes. The legislation defined a container as “the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.”
A spokesperson for the Department of Health and Human Services told Marijuana Moment last week that the agency intended to meet the deadline and planned to publish the information in the Federal Register.
However, as of mid-February, nothing has materialized, and officials have offered no explanation for the delay or indication of when the lists might appear.
A Hemp Industry in Transition
Since the 2018 Farm Bill removed hemp from the Controlled Substances Act, the industry has operated under a relatively straightforward standard.
Cannabis products containing less than 0.3 percent delta-9 THC on a dry weight basis were considered legal hemp. This definition created space for a diverse marketplace of hemp-derived products, including those containing delta-8 THC and other cannabinoids.
The new law upends that framework. Starting in November 2026, the threshold will shift from delta-9 THC alone to total THC, including delta-8 and other isomers. The law limits legal hemp products to 0.4 milligrams of total THC or similar cannabinoids per container.
The law also bans intermediate hemp-derived cannabinoid products marketed directly to consumers and products containing cannabinoids that are synthesized outside the cannabis plant or not capable of being naturally produced by it.
These changes will effectively recriminalize many products that have been legally sold for years. Without the FDA’s guidance defining which cannabinoids fall into which categories, businesses cannot determine which of their products will remain compliant and which will suddenly become illegal.
Frustration and Urgency About Hemp Restrictions From Industry
Jonathan Miller, general counsel of the U.S. Hemp Roundtable, expressed disappointment but not surprise at the FDA’s failure to meet the deadline. “The FDA has been quite slow in meeting congressional deadlines when it comes to hemp in the past, and in some cases ignoring congressional deadlines,” Miller told Marijuana Moment.
More importantly, Miller argued, the missed deadline underscores the need for legislative intervention. “This just makes it even more imperative for Congress to pass an extension,” he said. “There is a whole lot of work to do, and the FDA is going to be in the middle of this, and there’s not enough time to come up with a thought-out regulatory regime to replace the ban.”
The definition of “container” has emerged as a particularly critical issue. For example, the 0.4 milligram limit has a very different impact if a “container” means a single gummy versus an entire package of gummies or a bottle of tincture. “Defining what a container is is going to be very important for any regulatory solution,” Miller noted.
Hemp stakeholders are hoping the restrictive 0.4 milligram threshold doesn’t remain in the final regulatory framework, but without FDA guidance, they have no way to prepare for compliance or advocate for specific changes.
Legislative Alternatives on the Table
Several bills introduced in Congress could alter the trajectory of hemp regulation. The Hemp Enforcement, Modernization, and Protection (HEMP) Act would establish a regulatory framework allowing the sale of consumable hemp products to adults 21 and older, rather than banning them outright. Under this proposal, products would be subject to packaging restrictions, cannabinoid disclosure requirements, testing standards, and prohibitions on adding substances like alcohol, caffeine, or nicotine.
The Hemp Planting Predictability Act takes a different approach, seeking to delay the implementation of the ban by two years. This would give the industry and regulators more time to develop a workable compliance system. House Oversight and Government Reform Committee Chairman James Comer (R-KY), a cosponsor of the delay legislation, has emphasized the need to protect farmers who have built businesses around hemp production.
Alcohol retailers have joined the conversation, forming a coalition to urge Congress to postpone the ban until regulators develop new rules. Their concern centers on hemp-derived THC beverages, which have become a significant category in their retail offerings.
What Happens Next?
The FDA’s silence creates cascading problems. Businesses cannot make informed decisions about product reformulation or inventory management. State regulators cannot align their frameworks with federal requirements.
Consumers face uncertainty about product availability and legality. Researchers and advocacy groups lack the data needed to participate meaningfully in policy discussions.
This regulatory vacuum also raises questions about enforcement. If the November ban takes effect without clear guidance on what is and isn’t legal, will federal agencies pursue civil or criminal action against businesses operating in good faith?
History suggests that enforcement priorities for hemp products may mirror the federal approach to marijuana, where state-regulated activities often proceed despite technical violations of federal law. However, that’s speculation, not policy.
The FDA and Drug Enforcement Administration may also face resource constraints that limit their ability to broadly enforce new prohibitions on intoxicating hemp products. Without agency guidance on priorities, the industry faces a future defined more by uncertainty than compliance.
Hemp, CBD, and Federal Cannabis Policy
The missed deadline occurs against a backdrop of shifts in federal cannabis policy. President Trump signed an executive order in January 2026 directing the attorney general to complete the rescheduling of marijuana from Schedule I to Schedule III of the Controlled Substances Act. That same order urged Congress to examine updating the definition of hemp to ensure full-spectrum CBD remains accessible to patients.
These developments suggest the Trump administration recognizes the therapeutic value of certain cannabinoids and the political appeal of expanding access. However, those goals exist in tension with the restrictive hemp law signed in November. Reconciling these competing priorities will require clear regulatory guidance, legislative action, or both.
Congress has the power to intervene. Passing delay legislation would create breathing room for the FDA to complete its work, for industry to adapt, and for policymakers to consider whether prohibition is the right approach or whether a regulatory framework makes more sense.
The question now is whether lawmakers will recognize the urgency of the situation and act accordingly. The FDA missed its deadline. Congress still has time to meet its responsibility.
