History

From 1970 to 2018, hemp was legally in the same class with marijuana as a Schedule I drug: “drugs with no currently accepted medical use and a high potential for abuse.” Possession of Schedule I drugs can be subject to criminal prosecution.

In 2018 the federal farm bill removed hemp as a ‘marijuana derivative’ and gave hemp its own definition, specifying that any hemp parts or product with less than 0.3% delta-9 THC could be sold without the laws and regulations required for marijuana. This clarification allowed the hemp industry to grow to a $28 billion dollar business sector employing 300,000 people. Hemp products could contain other types of (often synthesized) THC, like delta-8 or delta-10.

Legal Changes

In mid November 2025 the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 was signed into law. Although it explicitly states that funds from the bill are not permitted to “prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant,” it changed the federal legal definition of hemp. Going into effect November 12, 2026, “‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis.”

The bill goes on to explicitly exclude any allowance for

• cannabinoids not produced by the plant,
• cannabinoids synthesized or manufactured outside the plant, or
• cannabinoids that have or are marketed to have similar effects on humans or animals as THC.

It also creates an entirely new limit: that a container (defined as that which touches the final product) may not have more 0.4 milligrams of total THC in any form (including acid) or any other cannabinoids with a similar effect. According to the law, “the term ‘container’ means 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 term container excludes bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use.”

The bill requires the FDA to produce a list of cannabinoids capable of being produced by the plant and all cannabinoids with that effect on humans or animals, as well as other clarifications. As of mid April, 2026, that list has not yet been made public.

So what now?

1. Take a look at your products by retail container rather than by weight
   While the old definition allowed up to 0.3% THC by weight, the new specifies that there cannot be more than 0.4milligrams of THC per container. E.g., a multi-serving package of gummies cannot contain 0.3% THC by weight if that amount exceeds a total of 0.4 milligrams. If this requirement changes how you would like to package your products, speak with one of our experts to discuss options.
2. Is your packaging tested and certified child-resistant?
3. Check your labeling. Do your products include
   • Your brand name
   • The product name, including its intended use
   • Net quantity of contents (net weight for solids; by volume for liquids or tinctures)
   • Ingredient declaration (active and inactive)
   • Dosage
   • Full spectrum/broad spectrum/isolate
   • Name and location of your business, with contact method (website, phone number, QR code, etc.)
   • Information such as expiration date and batch/lot number
   • Third-party lab certificate of analysis (COA)
   • Warning label, statement that the product is not intended for treatment, or other relevant message (like whether usage may affect a drug test)
   • State-specific warning symbols or statements
   • If edible,
     • Complete ingredient list
     • Information about common food allergens
     • Nutritional Facts Panel

SunDance has long produced CBD, cannabis, and drug-safe packaging as well as food-safe print and packaging.

Contact us to talk to one of our industry experts about any packaging issues you need solved.

This content is provided for informational purposes only, has not been evaluated by the U.S. Food and Drug Administration (FDA), and is not to be relied upon as medical or professional advice.