The federal hemp definition changes in
On December 11 the federal definition of "hemp" narrows to 0.4 mg of total THC per container. Most Minnesota hemp drinks and gummies carry 2 to 10 mg. Minnesota's regulator says the state's own rules do not change that day, and licensed dispensary products are not affected. This page tracks what that means.
Counting down to 12:00 AM Central, December 11. December 10 is the last full day under the current definition.
What is actually happening?
Move the dial. Same facts, four reading levels.
Washington and St. Paul are about to define hemp differently.
Since 2022, Minnesota has allowed hemp-derived THC drinks and edibles: 5 mg per serving, 10 mg per can, 21 and older, sold by licensed shops, breweries and liquor stores.
In November 2025, Congress included a change in the bill that ended the government shutdown. One year later, anything with more than 0.4 mg of total THC per container stops being "hemp" under federal law. A typical Minnesota can holds 2 to 10 mg, or 5 to 25 times that. In September, Congress moved the date one month, to December 11, 2026.
Minnesota's Office of Cannabis Management (OCM, the state regulator) says state law does not change on December 11 and expects products to stay on shelves, with fewer stores carrying them, because banks, card processors and distributors tend to follow federal rules. Several bills in Congress would replace the cap with regulation; none has had a vote.
Two dates, not one
Most coverage says December 11. Some legal analyses split it.
Vicente LLP and Foley Hoag read the September delay as not covering every provision, so cannabinoids the hemp plant cannot make on its own (THC-O and similar lab-made compounds) may lose federal hemp status on the original date. OCM's bulletin names Dec 11 and does not address a Nov 12 split.
Confidence: medium · sources differ · consult counsel
The 0.4 mg total-THC-per-container cap and the total-THC standard (which counts THCA) take effect. Moved from Nov 12 by H.R. 6500, signed Sept 2, 2026. OCM: the change takes effect Dec 11 "unless other federal action occurs."
Confidence: high · OCM bulletin, 7 U.S.C. 1639o
Quick answers by who you are
The short answer, then the details.
I buy THC seltzers
MN: still legalUnder Minnesota law, licensed lower-potency hemp edibles (5 mg per serving, 10 mg per can) stay legal on Dec 11. OCM expects products to stay on shelves, with fewer stores carrying them.
Why fewer stores?
The product loses federal "hemp" status, so banks, card processors and distributors that follow federal rules may stop handling it. Some retailers may also stop ordering ahead of the date.
Gas station or smoke shop
AffectedWith a Minnesota hemp retailer license and MN-compliant product, state law still allows sales. The pressure is upstream: out-of-state product, imports, and anything over Minnesota limits.
What OCM flagged
Limited access to federally insured banking, point-of-sale limits, loss of federal tax deductions, and limits on interstate commerce. OCM told importer-endorsement holders to review Guidance Memo 2025-02. See our hemp survival kit.
Licensed cannabis dispensary
Not affectedDispensary products are regulated under Minnesota Statutes chapter 342 as cannabis, not federal hemp. The federal change does not apply to them.
The 2026 legislative change
The Legislature removed the ban on holding a cannabis license and a hemp license at the same time. No cannabis application window is open right now.
Brewery or taproom
AffectedAbout half of Minnesota Craft Brewers Guild members make or sell THC drinks, according to the guild. Its government-relations lead told WJON that 20 to 30 percent of breweries could close after the change.
One example
Utepils Brewing in Minneapolis has reported THC drinks at 15 to 18 percent of revenue, about 100,000 cans a month (reported by THC Minnesota, an industry site; confidence: low). A 10 mg can is 25 times the federal cap.
Hemp farmer
Changing mathThe plant threshold becomes 0.3 percent total THC including THCA, which disqualifies more crop than the old delta-9-only test. MPR reported some Minnesota growers rethinking planting while they wait for Congress.
The reform proposal
The Lawful Hemp Protection Act (Reps. Craig and Barr) would raise the plant threshold to 1 percent and regulate finished products instead.
Could Congress delay it again?
PendingIt did once, by one month. White House legislative affairs director James Braid reportedly said there would be no further extensions; Foley Hoag later reported he was leaving the post. None of the replacement bills has had a floor vote.
What to watch
The current funding law runs into December. The first delay was carried on a spending bill.
Can Minnesota override it?
UnsettledMinnesota can keep its own law, and OCM says it will. It cannot make the product federally lawful. As of July 2026, OCM said it had received no federal guidance on interpretation or enforcement.
Closest comparison
State-legal cannabis: lawful in Minnesota and not under federal law, with banking, tax and interstate limits. Compare the two in hemp vs. cannabis THC.
Is it Dec 10 or Dec 11?
SettledThe effective date is December 11, 2026. December 10 is the last day under the current definition. The countdown runs to midnight Central at the start of the 11th.
Bill tracker
Status as of Oct 29, 2026. Full list on our legislation tracker.
| Measure | Level | What it does | Status |
|---|---|---|---|
| H.R. 5371 sec. 781, Pub. L. 119-37 | Federal | Rewrote the hemp definition: total THC including THCA; 0.4 mg per container cap; effective one year after enactment. | Law, Nov 12, 2025 |
| H.R. 6500 Continuing Appropriations and Extensions Act, 2027 (Pub. L. 119-103) | Federal | Moves the hemp provisions from Nov 12 to Dec 11, 2026. Senate passed Aug 8; House 370 to 48 on Sept 1. | Law, Sept 2, 2026 |
| Lawful Hemp Protection Act (Rep. Craig, D-MN; Rep. Barr, R-KY) | Federal | Regulate instead: 1% THC plant definition, cannabinoid limits, no synthetics, 21+, testing and labeling, alcohol-style distribution, federal tax. | Introduced, no vote |
| Beverage Regulatory Parity Act | Federal | Exempts hemp beverages under a regulated, taxed framework. | Introduced, no vote |
| Hemp Planting Predictability Act (Sens. Klobuchar, Paul, Merkley) | Federal | Moves the effective date to Nov 12, 2028. | Introduced, no vote |
Both sides, in their own terms
Who wants what, and why.
Keep the federal cap
Supporters: 39 state attorneys general, including Minnesota's Keith Ellison (letter to Congress); Sen. Mitch McConnell, who wrote the 2018 hemp language; much of the licensed marijuana industry
- The 2018 Farm Bill was meant for fiber, seed and grain. Intoxicating products sold at gas stations were never the intent.
- Most states have no testing, age or potency rules for hemp THC, which leaves children and consumers exposed to unregulated products.
- Licensed cannabis businesses pay for licenses, testing and taxes; hemp sellers compete without the same costs.
Regulate instead
Supporters: the U.S. Hemp Roundtable; Minnesota breweries, farmers and retailers; Reps. Angie Craig and Andy Barr; Sens. Klobuchar, Paul and Merkley
- Minnesota has regulated these products since 2022: 5 mg servings, 21+, licensing, testing and labeling.
- A 0.4 mg cap ends a legal industry (estimated at $28 billion nationally), with its jobs and farm income, on one day.
- Demand does not disappear; it moves to an unlicensed market with no rules.
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Sources
Official and primary first.
- Minnesota Office of Cannabis Management, bulletin "Preparing for upcoming federal hemp changes," Sept 3, 2026. govdelivery.com
- OCM handout, "Preparing for Upcoming Federal Hemp Changes" (PDF), Aug 31, 2026. govdelivery.com
- OCM, federal hemp changes resource page. mn.gov/ocm
- The White House, "Congressional Bill H.R. 6500 Signed into Law," Sept 2026. whitehouse.gov
- Congressional Research Service, R49353, Sept 17, 2026 (H.R. 6500 as Pub. L. 119-103). everycrsreport.com
- 7 U.S.C. 1639o, federal hemp definition. uscode.house.gov
- Minn. Stat. 342.01 subd. 50, lower-potency hemp edible definition. revisor.mn.gov
- FOX 9, federal hemp ban delayed by lawmakers, Sept 2026. fox9.com
- MPR News, Minnesota hemp farmers rethink the crop, Aug 20, 2026. mprnews.org
- Star Tribune, federal hemp THC ban coverage, Sept 2026. startribune.com
- Star Tribune, time running short for Congress, July 2026. startribune.com
- PBS NewsHour, $28 billion hemp THC industry, Oct 2026. pbs.org
- Foley Hoag, "A Temporary Reprieve for Hemp-THC Products," Sept 2026 (law-firm analysis). foleyhoag.com
- Vicente LLP, federal hemp changes pushed back to Dec 11, 2026 (law-firm analysis). cannabis-law-blog.com
- WJON, impact of the THC ban in Minnesota and Wisconsin, Oct 2026. wjon.com
- Pine Journal / Forum News, uncertainty for Minnesota breweries, Oct 27, 2026. pinejournal.com
Last reviewed Oct 29, 2026. This page explains the law; it is not legal advice. Businesses should consult counsel. OCM cannot give business or legal advice; questions go to cannabis.info@state.mn.us.
Where sources disagree we say so and label confidence: high (statute or agency), medium (one news or law-firm source, or sources conflict), low (one industry source). Spot an error? Send a correction.