Your December 2025 horoscopes are here! The holiday season always kicks off with the sun in Sagittarius and it just makes sense.
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From all of us at the Canna Law Blog, Happy Thanksgiving! May your day be filled with good food, great company, and the seeds of prosperity for the coming year.
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Find out why vintage cultivars like Chemdawg thrive in living soil as Lindsay MaHarry takes us to Down Om Farms.
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That chill in the air means that it’s time to get cozy and prepare for winter, and Zen Leaf is helping you stock up for all the sweater weather on the horizon. They’re offering up to 30% off storewide at their Ohio locations so you can bundle up with all your favorites for less. Zen […]
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Introducing Leafly Direct, the easiest way to buy premium cannabis products that you can ship straight to your door. Leafly Direct makes the process of buying delta-9 or THCA products much easier by giving you a one-stop shop to browse products that have been hand-picked by Leafly for quality and consistency. We cut straight through […]
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Find the best Black Friday weed deals of 2025. We found the best sales on cannabis products so you can see the top discounts in one place.
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Open to customers 21+ with a valid government-issued photographic ID. Greenlight is a licensed Ohio dispensary providing access to medical and non-medical cannabis. Visit Greenlight in Columbus, Marengo, Wintersville, and their upcoming location in Marietta to explore a wide selection of products with guidance from their knowledgeable team. Licensed by the Division of Cannabis Control. […]
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Get ready for Flora Farms’ biggest savings of the season! They’re pulling out all the stops this year in order to make sure your holiday season is more green than white. All Flora Farms dispensaries are celebrating Green Wednesday, Black Friday, and Cyber Monday with a full weekend of deals with special offers you won’t […]
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The holiday season is here and so are some of the best CBD and delta-9 THC Black Friday deals of the year. Whether you’re looking to stay calm through family chaos, spark a little extra cheer, or sleep like you actually have time off, this year’s lineup has something for every vibe. From small-batch edibles […]
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What you need to know about the impending federal hemp ban. Hemp access isn't done yet & here's what you can do!
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This Green Wednesday, roll up before your relatives roll in with Greenlight. They’re celebrating the season by offering big discounts and deals at all of their locations across Nevada, so you can stock up to make it through the holiday rush in style. Each store will have discounts on offer, so head to your local […]
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Federal cannabis policy has always been a mess. When I say “always”, I’m looking back 90 years or so, beginning with the Marihuana Tax Act of 1937, then skipping ahead to the Controlled Substances Act, the Rohrbacher-Farr Amendment, the 2014 Farm Bill, and the 2018 Farm Bill—not to mention the various awkward and occasionally incoherent positions the feds have taken and abandoned, formally and informally, in response to state-led cannabis efforts.
All of that said, today’s iteration of federal cannabis policy — if you can call it that — is the weirdest, most confusing iteration we have seen.
Last week, Congress banned intoxicating hemp products by redefining “hemp”, effective November 2026. This caught a lot of people by surprise. That said, the purported “loophole” that triggered proliferation of these products was more an article of faith than a fair reading of the law, in my opinion, and proposals like the Miller Amendment had been batted around for a while. In addition, many of these products weren’t legal under the Food Drug & Cosmetic Act, regardless.
Did Congress do a good job with this, though? The early verdict is no, it didn’t. We now have a convoluted regime of exclusions to exclusions, definitions forthcoming, and potential workarounds spotted. The one-year runway associated with the new law is also being viewed by many, idealistically, as a reprieve where this hempnoids ban can somehow be negotiated and reversed, via a Farm Bill renewal, extension, or in some other manner. Mess.
This is apparently on ice, although Trump himself claimed in August that a decision would be made in “the next few weeks.” Last week, we were told review is still “ongoing.” (Trump endorsed rescheduling on the 2024 campaign trail, for what it’s worth.) In any case, the stalled rescheduling process was misguided, as we’ve said so many times here on the blog, and it was going poorly when things petered out. As it stands, marijuana remains in Schedule I.
We hear a lot of scuttlebutt from larger clients, and from folks in the unsavory business of government affairs. These include players “paying homage” as they say, down at Mar-a-Lago, funneling money into PACs, and any number of things. As with the hempnoids ban, though, if anyone says they know what is happening next on marijuana rescheduling, I’m inclined to doubt them. Nobody knows. Not even the people driving the bus.
Nobody knows what’s going on with this either. The Justice Department (DOJ) isn’t enforcing federal cannabis prohibition in the context of state marijuana programs, and never really has. The FDA isn’t enforcing the Food, Drug & Cosmetics Act with respect to hemp-CBD products, and never really has. Really, the main thrust of U.S. drug policy these days seems to be blowing up boats in the Caribbean Sea (20 boats and counting).
Back to cannabis, one federal prosecutor, Darin Smith, just announced that his office would ramp up prosecution of misdemeanor marijuana offenses on federal lands — which sounds like a great use of resources — pursuant to a new Justice Department policy issued in September. Most of us haven’t seen that policy, although I’m sure Mr. Smith’s announcement has prompted a handful of FOIA requests. Other DOJ prosecutors have remained silent.
As far as the intoxicating hemp products ban, it’s too early to tell if there will be any enforcement, assuming the prohibition sticks. That may well be another area where states are left in a limbo of sorts.
Yesterday, the DOJ declined to file a Supreme Court brief in the Canna Provisions case, which I’ve called “the lawsuit to end federal cannabis prohibition that wouldn’t really end federal cannabis prohibition.” In other words, the Trump administration isn’t taking a position on whether it should be allowed to enforce its laws against intrastate — and not interstate – cannabis activity. (The First Circuit held that it should be allowed to enforce those laws.)
The DOJ’s position is curious, given that 1) the case strikes at the heart of the federal government’s ability to enforce federal laws, and 2) the federal government has been keen to weigh in on Supreme Court cannabis litigation, in the context of gun rights. As it stands, the Court will now decide whether to hear this case without executive branch input. Whatever…
The state of federal cannabis policy is as contradictory, confusing and dynamic as ever. The legal-political environment arises from a century-long mashup of prejudice and incompetence, without credible regard to science, public health or economic considerations.
Will things improve headed into 2026? Nobody knows. By way of example, here are three momentous questions that no one can answer:
The answer to each of those questions has profound commercial and public health implications. It is difficult, maybe impossible, to imagine another commodity subject to such uncertainty. For that reason, my guess is that most of the cannabis industry will continue to do what it always has: ignore the federal regime and simply carry on.
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Green Wednesday is almost here once again, and AmeriCanna RX is ready to help you light up the holiday season with deals and discounts that will make your season bright. Not only will they price match any other Oregon dispensary, they’ve got a bevy of sales on offer, including 35-50% off select products every single […]
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Effective November 13, 2025, Congress fundamentally rewrote the laws governing hemp in America. Buried within the government funding bill (starting at pg. 64) is language that will reshape the entire hemp industry, including a critical shift in how marijuana seeds are treated under federal law. See our overview from last week, here.
For years, the hemp industry operated under a simple rule established by the 2018 Farm Bill: if a cannabis plant contained no more than 0.3% delta-9 THC by dry weight, it was legal hemp. This created what many lawmakers now call a “loophole”—one that allowed high-THC genetics, THCA flower, and intoxicating consumable products, to flourish in the legal hemp market (they still remained illegal under the Food and Drug Cosmetic Act).
Here’s what changed: The new legislation explicitly excludes from the federal definition of “hemp” viable seeds from plants that exceed 0.3% total THC (including THCA). This means seeds from plants that can grow into high-THC cannabis, or produce high THCA flower, are no longer considered legal hemp. They’re now classified as “marijuana” under federal law.
This is a seismic shift that will affect countless operators around the country. Previously, the seeds themselves weren’t considered marijuana by DEA and others, simply based on the genetics they carried. Now, if those seeds will produce plants exceeding the total 0.3% THC threshold, they’re federally illegal. Companies like Royal Queen Seeds, will now find itself in violation of both federal and state law starting November 13, 2026 (somehow they are operating in Oregon, despite Oregon excluding marijuana seeds from its definition of hemp).
The implications for international seed trade are immediate and severe:
Under the 2018 Farm Bill framework, seeds could be imported and exported throughout the US and internationally as long as the parent plant met the 0.3% delta-9 THC threshold and the importing jurisdiction permitted the seeds.
The new law redefines what qualifies as hemp seed. Any viable seeds from cannabis genetics that would produce plants exceeding 0.3% total THC (including THCA) are now classified as marijuana, making their import, export, and interstate transport a federal crime.
Interestingly, the new legislation specifically targets “viable seeds” from marijuana plants, but appears to remain silent on tissue cultures and clones that test at or below 0.3% total THC.
This potential gap in the law could be significant. While seeds carrying high-THC genetics are now explicitly excluded from the hemp definition, vegetative propagation methods like tissue culture and clones that themselves test below the threshold may still technically qualify as hemp under the statute.
Assume that any propagation method (i.e. seeds, clones, or tissue cultures) from genetics that would produce non-compliant plants could face scrutiny. Don’t bet your business on a technicality that could be closed with a simple regulatory clarification.
The legislation includes a 365-day grace period from the date of enactment for the industry to come into compliance. This grace period applies to the entire hemp industry, including seed producers, importers, and exporters.
Once that 365-day window closes, any seeds that don’t meet the new definition of hemp will be subject to the Controlled Substances Act.
This isn’t just about seeds—it’s about the entire genetic foundation of the modern hemp industry. Many cultivators have spent years developing and importing high-THC varieties that technically met the old delta-9 standard but will fail under total THC testing.
According to industry estimates, this change could affect:
The federal government has closed the genetics loophole that allowed marijuana seeds to be traded as hemp. Anyone involved in the import or export of cannabis seeds needs to act now—you have roughly 12 months before these seeds become unambiguously illegal under federal law.
This isn’t fear-mongering; it’s the new reality of federal hemp policy. The grace period is your opportunity to pivot, comply, or exit the market. After that window closes, the legal risks become substantially greater.
The hemp industry as we knew it is changing forever. Make sure you’re on the right side of these new rules before it’s too late.
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The U.S. government reopened on Wednesday and promptly “closed the loophole” on intoxicating hemp products. I use those tacky quotes because I don’t believe there ever was a loophole. But now we can stop having those debates, I suppose, because Congress has sealed the deal.
The ban on intoxicating hemp items comes via a continuing appropriations bill called H.R. 5371. The ban takes effect a year from now, on November 12, 2026. Everyone has 12 months to lobby for rules, sell off products, untangle business relationships, and otherwise prepare.
H.R. 5371 gives the term “hemp” a new legal definition, effective November 10, 2026. Section 781 now provides that hemp is “the plant Cannabis sativa L. and any part of that plant… with a total tetrahydrocannabinols concentration (including THCA) of not more than 0.3% on a dry weight basis.” The term “hemp” also includes “industrial hemp” (which also gets a new definition), but excludes several notable things.
The first notable exclusion is seeds of cannabis plants that exceed 0.3% on a dry weight basis; viz. marijuana seeds. The DEA opined previously that these seeds are “hemp” and not “marijuana.” That’s going to be the case, undisputedly, under the new definition.
The second notable exclusion is for “intermediate hemp-derived cannabinoid products.” These are products that contain cannabinoids that cannot be produced naturally in the cannabis plant. In other words, they are synthesized or manufactured outside of the cannabis plant.
The third exclusion is for “final hemp-derived cannabinoid products.” These again are products that contain cannabinoids that cannot be produced naturally in the cannabis plant, and are synthesized or manufactured outside the plant.
Within 90 days, the FDA must publish a series of lists:
FDA also must give “additional information and specificity” about the term “container”, which is currently defined 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.”
The definition excludes bulk shipping containers or outer wrappings that are “not essentially for the final retail deliver or sale to an end consumer for personal or household use.” There is also an exclusion for drugs under FDA review.
Beyond these missives for FDA, it’s possible we’ll see some litigation, perhaps on due process grounds or other theories, none of which look promising at the moment. Additionally, we should expect some lawmaking at the state and local levels. Intoxicating hemp products are permitted in some states, expressly or otherwise, and some of those states may choose to toe the federal line.
I mentioned seeds, above. And industrial hemp. Beyond that, most finished “hemp” products currently on the market will not survive H.R. 5371. This is because most contain more than 0.3% delta-9 THC or THCA, or some combination thereof, and are designed to get you high.
Still, not everything is banned. CBD products, and presumably other “known cannabinoids” that don’t wind up on FDA’s “similar effects to THC” list, should be safe. There is a giant caveat here: these products cannot: 1) be added to human or animal foods; 2) be labeled as dietary supplements; or 3) make unapproved health claims.
Of course, people are making and selling all sorts of CBD food and beverage products now, and the question will be whether the feds continue to tolerate that. A year from today, we may also have a similar, $20 billion question for all of these intoxicating hemp products, should they remain on offer.
I’ve written a lot about hemp since 2018. I’m not surprised by H.R. 5371. I think the ban, if enforced, will be good for state-licensed cannabis businesses and also consumers. I’m sure a lot of people disagree, especially anyone creating cannabinoids in a lab; anyone buying isolate from marijuana farms and calling it “hemp”; or anyone living in a prohibition state.
All of that said, I’m not celebrating this one either. I view H.R. 5371 as another ad hoc attempt to regulate the cannabis plant within a reactionary, “slice and dice” framework. It’s not the way I would have gone about it, and it’s not wholistic policy– especially with marijuana rescheduling stalled out. But that’s cannabis for you. Let’s see what happens next.
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Related posts:
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Last week at the International Asian Hemp Expo in Thailand, I witnessed the remarkable energy and potential of a country that has boldly positioned itself at the forefront of cannabis reform in Asia. The conversations I had with operators, policymakers, and international stakeholders revealed extraordinary innovation and entrepreneurship, while also highlighting opportunities to strengthen Thailand’s position as the region’s undisputed cannabis leader.
Thailand’s decision to remove cannabis from its controlled substances list in 2022 catalyzed explosive industry growth and demonstrated Asia’s appetite for reform. The thriving market has created jobs, attracted investment, and established Thailand as the region’s cannabis hub. This bold move showed the world what’s possible when governments trust innovation over prohibition.
However, the absence of comprehensive regulations has created challenges. Unregulated and untested products are widely available, and the lack of clear standards has created a fragmented market that provides opponents with ammunition to reverse reform entirely. Until Thailand implements robust regulatory frameworks for its domestic cannabis industry, these vulnerabilities will persist.
In June, the Ministry of Health attempted to address these concerns by issuing an order establishing a medical-only framework. Despite this directive, a vibrant adult-use market continues to flourish, creating a disconnect between official policy and market reality. This gap represents both a challenge and an opportunity as upcoming elections approach.
Progress is emerging in the medical manufacturing and cultivation sectors, where GMP, GACP, and Thai FDA requirements are being implemented. These standards signal Thailand’s commitment to quality and safety, providing a foundation upon which more comprehensive regulations could be built. The question now is whether Thailand will seize this moment to create a truly sustainable regulatory framework.
Thailand’s opportunity lies in comprehensive regulation that balances innovation with responsibility. With clear rules creating a medical framework accessible to tourists—combined with designated social consumption areas and tourist prescription pathways—Thailand could pioneer cannabis health tourism as an economic driver. This approach would respect both participants and those who choose not to engage, while establishing a replicable model for the region.
Such a framework would also need to address Thailand’s international treaty obligations at some point. We’ve seen this pattern across Europe, where Luxembourg, Malta, Germany, and the Czech Republic made ambitious commitments only to scale back after confronting how the three international drug treaties constrain commercialization.
Thailand has already demonstrated remarkable leadership by liberalizing first. Now it’s positioned to build something truly enduring by regulating thoughtfully. The next chapter will determine whether Thailand becomes a model for sustainable cannabis policy or a cautionary tale about reform without a regulatory structure. Thailand’s potential is extraordinary—the foundation just needs finishing.
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See the Harvest strains 2025 that are lighting up the year and forecasting the future of cannabis. Find cutting edge cultivars to watch.
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We've been smoking the cream of the crop, talking to budtenders & digging into data to put together a list of the best strains in Washington.
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Learn about Jenny Kush in Chicago and find out why this legendary strain is named after a real legend and cannabis activist, Jennifer Monson.
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This Wednesday, November 5, Harris Sliwoski attorney Jason Adelstone will present at AIHEF 2025 on the future of Thailand’s cannabis industry.
Jason will discuss how a well-regulated Thai cannabis sector could become a leading medical supplier and a major catalyst for reform across Asia. At the same time, Thailand’s current approach of rescheduling cannabis without a strong regulatory framework creates barriers to accessing global medical markets. It also increases the risk that Thailand becomes a cautionary example used by prohibitionists to slow reform throughout the region.
As more nations move toward cannabis liberalization, evolving interpretations of international law may open new opportunities. These shifts could allow Thailand to participate in medical and scientific markets, as well as emerging adult-use and wellness markets that go beyond the narrow limitations of existing UN drug control conventions.
Join Jason at AIHEF 2025 to learn how smart regulation can unlock Thailand’s global potential and shape the future of cannabis policy across Asia. And give us a call if you have any interest in the Thai cannabis market. In the meantime, please also check out the following:
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