Congress commissioned 4 research reports to understand the state-by-state hemp crisis. We turned them into the only legal guide built by a licensed operator and 13,347 community members — not a law blog, not a lobbying group. 223 days until P.L. 119-37 changes everything.Your state green? Freedom Delivered is coming soon — get early access and earn loyalty rewards for helping us build it.
Backed by Congressional Research Service Reports R48637, IF13136, IN12620 & LSB11381 — prepared for Members and Committees of Congress.
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DSHS Total THC rules ban retail sale of smokable hemp (flower, pre-rolls, concentrates) in Texas. Possession remains legal. Edibles, tinctures, topicals, beverages are NOT affected. The THBC coalition is filing legal challenges. The 2018 Farm Bill (7 U.S.C. 1639o) protects interstate commerce of hemp products meeting federal delta-9 definition through November 12, 2026. Sky Marketing v. DSHS pending at TX Supreme Court.
Full access — ship, buy, possess
Partial ban March 31 — edibles/tinctures still legal
Some product types restricted — check details
Full state-level ban on hemp products
Understanding the law that protects your rights as a hemp consumer
The Agriculture Improvement Act of 2018 removed hemp from the Controlled Substances Act and defined hemp as cannabis with less than 0.3% Delta-9 THCon a dry weight basis. This federal definition uses ONLY delta-9 THC — not “total THC.”
THCa (tetrahydrocannabinolic acid) is the non-psychoactive precursor to THC found naturally in raw hemp flower. The federal definition measures only delta-9 THC — not THCa. Hemp flower with less than 0.3% delta-9 THC is federally legal regardless of THCa content.
Some states have adopted “Total THC” testing that counts THCa toward the 0.3% limit using the formula: Total THC = (THCa × 0.877) + Delta-9 THC. Under this formula, most hemp flower exceeds 0.3% because it naturally contains significant THCa. This is a STATE-level rule that conflicts with the FEDERAL definition.
Follow the 2018 Farm Bill federal definition. THCa flower is legal.
Count THCa toward the limit. Most hemp flower effectively banned.
The 2018 Farm Bill expressly defined hemp using delta-9 THC only. States cannot criminalize what Congress explicitly legalized. The Supremacy Clause (U.S. Const. Art. VI, cl. 2) prevents state laws from conflicting with valid federal law.
U.S. Const. Art. VI, cl. 2; 7 U.S.C. § 1639o
Section 10113 of the 2018 Farm Bill prohibits states from interfering with interstate transportation of hemp that meets the federal definition. A state cannot block shipments of Farm Bill-compliant hemp originating from another state.
7 U.S.C. § 1639o(b); Gonzales v. Raich, 545 U.S. 1 (2005)
States cannot enact laws that unduly burden interstate commerce. A Total THC rule that effectively bans a federally legal product discriminates against interstate commerce in hemp.
Pike v. Bruce Church, Inc., 397 U.S. 137 (1970)
In Texas, the Legislature passed HB 1325 using the delta-9 only definition. DSHS changed to Total THC via administrative rulemaking — doing what the Legislature explicitly refused to do when it rejected SB 3, SB 5, and SB 6.
Tex. Agric. Code § 122.001; Sky Marketing v. DSHS (TX Supreme Court, pending)
Texas HSC 443.151(e) provides that hemp products tested compliant in a state with a USDA-approved plan need not be re-tested. Products from NC (USDA plan) that test compliant under the federal delta-9 standard are exempt.
Tex. Health & Safety Code § 443.151(e); § 443.206(1)-(2)
The 2018 Farm Bill extension runs through November 12, 2026. Pending state legislation that has not yet been enacted cannot restrict products that are currently legal under federal law. Bills in committee are not enforceable law.
P.L. 115-334 as extended; H.R. 5371 deadline: Nov 12, 2026
Congressional Authority
These 4 reports were prepared by the nonpartisan Congressional Research Service for Members and Committees of Congress. They constitute the most authoritative federal analysis of state hemp law, the “THC loophole,” circuit court decisions, and the P.L. 119-37 redefinition.
Dorothy C. Kafka, Legislative Attorney — August 20, 2025
Zachary T. Neuhofer — December 18, 2025
Lisa N. Sacco, Hassan Z. Sheikh, Zachary T. Neuhofer — December 3, 2025
Congressional Research Service — December 22, 2025
Case law cited across all 4 CRS reports. These decisions shape the federal-state conflict over hemp regulation.
35 F.4th 682 (9th Cir. 2022)
Delta-8 THC products are hemp if hemp-derived and contain ≤0.3% delta-9 THC. Farm Bill definition is "unambiguous." Source of material is dispositive, NOT manufacturing method.
117 F.4th 165 (4th Cir. 2024)
THC-O products derived from cannabis are hemp if ≤0.3% delta-9 THC. Directly contradicted DEA's 2023 opinion letter. Post-Loper Bright: courts find "best reading," not defer to agencies.
125 F.4th 472 (4th Cir. 2025)
Virginia SB 903 total-THC restriction UPHELD. "Silence cannot constitute express preemption." Savings clause authorizes "more stringent" state hemp regulations. No Dormant Commerce Clause violation.
No. 23-3237, 2025 WL 1740322 (8th Cir. 2024)
Arkansas Act 629 UPHELD (preliminary injunction vacated). "Just because states may legalize hemp does not mean they must." Rejected Due Process vagueness challenge.
No. 24-9389 (D.N.J. Oct. 10, 2024)
New Jersey hemp restriction challenge. Pending Third Circuit appeal. Outcome will shape preemption doctrine for Mid-Atlantic states.
No. 24-CV-128 (D. Wyo. July 19, 2024)
Wyoming hemp restriction challenge. Pending Tenth Circuit appeal. Could establish precedent for Mountain West states.
144 S. Ct. 2244 (2024)
Overturned Chevron deference. Courts must find the "best" reading of a statute, not defer to agency interpretations. Directly impacts DEA's shifting positions on hemp-derived cannabinoids.
Section 781, Division B of the FY2026 Agriculture Appropriations Act changes the federal hemp definition from measuring ONLY delta-9 THC to measuring total THC concentration (including THCA). Finished products are capped at 0.4mg total THC per container. Eliminates ~95% of current hemp-derived cannabinoid products.
Industrial hemp grown for stalk, grain, oil, fiber, or non-cannabinoid seed derivatives, plus hemp used for research not entering commerce
Source: CRS Reports IF13136 (Neuhofer, Dec 2025) and IN12620 (Sacco, Sheikh, Neuhofer, Dec 2025). Prepared for Members and Committees of Congress.
The Congressional Research Service identified these 5 legislative pathways for Congress to address the hemp regulatory conflict. Source: CRS Report R48637 by Dorothy C. Kafka, Legislative Attorney.
Redefine hemp to include total THC concentration of ≤0.3%. Already enacted via P.L. 119-37 Section 781, effective November 12, 2026. Originally proposed in H.R. 8467 amendment and S. 5335 (118th Congress).
Source: CRS Report R48637
Codify DEA's "synthetically derived" interpretation into statute. CRS warns: "Using the term 'synthetically derived' may raise new questions as to what Congress means by synthetic, unless it were clearly defined."
Source: CRS Report R48637
Clarify which state laws are preempted. Currently the savings clause only addresses "production of hemp," leaving possession, use, and sale in legal limbo between federal and state authority.
Source: CRS Report R48637
Pending litigation in Third Circuit (New Jersey) and Tenth Circuit (Wyoming) will further shape preemption doctrine. Congress could intervene to settle circuit-level disagreements.
Source: CRS Report R48637
DEA currently considering rescheduling marijuana from Schedule I to Schedule III via formal rulemaking (89 Fed. Reg. 44597, May 21, 2024). Trump EO (Dec 2025) directed AG to expedite. Congress could also act legislatively.
Source: CRS Report R48637 / LSB11381
2018 Farm Bill signed — hemp legalized, delta-9 definition
USDA Final Rule takes effect — federal hemp program operational
Texas DSHS Total THC rules take effect — smokable hemp banned in TX
THBC coalition legal challenge expected — watch for TRO/injunction
Farm Bill extension expires — H.R. 5371 total THC provision could take effect
Sky Marketing v. DSHS — Texas Supreme Court decision on DSHS authority
DEA Schedule III reclassification — proposed May 2024, final rule pending
THCa flower and products are legal in 35 US states under the 2018 Farm Bill, which defines hemp as cannabis with less than 0.3% Delta-9 THC on a dry weight basis.7 states have restrictions on specific product types, and 8 states have full bans or Total THC rules that effectively prohibit THCA flower. Select your state above for detailed product availability and shipping information.
The Texas rules ban retail sale of smokable hemp products. Possession remains legal. Edibles, tinctures, topicals, and beverages are NOT affected. Interstate D2C shipping from states where sale is legal is governed by federal law (2018 Farm Bill Section 10113), which remains in effect until November 12, 2026. The key legal question is whether federal preemption protects D2C shipments from states like North Carolina where sale is fully legal.
Delta-9 THC is the federal standard: only the active form of THC is measured. Total THC includes THCa (the raw, non-psychoactive acid) converted at 0.877x. Under Total THC rules, most hemp flower exceeds 0.3% because THCa is naturally abundant. The 2018 Farm Bill uses delta-9 only. States adopting Total THC are effectively banning hemp flower that is legal under federal law.
The 2018 Farm Bill was extended through November 12, 2026. Until that date, the federal delta-9 only definition protects hemp products. H.R. 5371 proposes changing to a Total THC standard after that date. The “November Window” is the period between now and the expiration during which federal law still protects THCa hemp products from conflicting state rules.
Reggie & Dro ships Farm Bill compliant hemp products to legal states including THCa flower, pre-rolls, concentrates, edibles, tinctures, and topicals. All products are third-party lab tested and contain less than 0.3% Delta-9 THC per the federal definition (7 U.S.C. § 1639o). DSHS License #690 (TX). Must be 21+ to purchase.
This page is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in your state for specific legal guidance. Last verified: April 2026. Data sourced from state statutes, administrative codes, and regulatory agency publications.
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Products contain hemp-derived THCa and are compliant with the 2018 Farm Bill. Must be 21+ to purchase. These products have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. North Carolina Hemp Handler Licensed. All products are derived from hemp containing less than 0.3% Delta-9 THC and are compliant with the 2018 Farm Bill.Must be 21+ to purchase. All products are third-party lab tested. Reggie & Dro LLC, San Antonio, TX. DSHS License #690.