Hemp Law Change 2026: What It Means for CBD Payments

Status as of September 27, 2026:

The key line in the September law is short. It says that "until December 11, 2026," the new definition "shall only apply" to products containing cannabinoids the plant can't produce naturally. Everything else waits until December 11.

Three things change. Each one is in the new text of 7 U.S.C. §1639o.

1. Total THC replaces delta-9 THC. Today, only delta-9 THC counts toward the 0.3% limit. The new definition uses "a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis." THCA is the acid form of THC in the raw plant. It turns into THC when heated, and from December 11 it counts.
2. A per-container cap for finished products. A "final hemp-derived cannabinoid product" is excluded from hemp if it contains "greater than 0.4 milligrams combined total per container" of total THC plus any other cannabinoids with THC-like effects. That's a fixed amount per package, so a bigger bottle doesn't get a bigger allowance.
3. Synthetic and lab-made cannabinoids are out. Products containing cannabinoids "not capable of being naturally produced" by the plant are excluded from November 12. Products with cannabinoids the plant does make but that "were synthesized or manufactured outside the plant" are excluded from December 11.

The statute also defines "container" as "the innermost wrapping, packaging, or vessel in direct contact with" the product, "such as a jar, bottle, bag, box, packet, can, carton, or cartridge." Bulk shipping containers don't count. FDA was supposed to add more detail on this term, and hadn't as of early September 2026.

What this looks like in practice: say a 30 mL full-spectrum tincture tests at 0.1 mg of total THC per mL. That bottle holds about 3 mg of total THC, more than seven times the cap. The same oil in a small sample bottle might pass, so container size now matters as much as the formula.

CBD itself isn't banned. What changes is which products still meet the federal definition of hemp. These are general readings of the new text, not rulings; your COA decides where each product falls.

Topicals and pet products: still an open question

The statute's definition of a hemp-derived cannabinoid product mentions products "intended for human or animal use," including by "topical application." But FDA hasn't published its container guidance or cannabinoid lists, and no agency has said how the cap will be applied to creams, balms or pet products. If these products are a large part of your sales, ask your attorney and your lab now, and get total THC per container on every COA so you're ready either way.

Full-spectrum CBD and the hemp ban

If you sell full-spectrum oils, work out the total THC in each size you sell, not just the percentage. Some brands are reformulating to broad-spectrum, moving to smaller containers, or dropping sizes that can't pass. Make the change before December 11.

Payment providers don't wait for enforcement. Once a product falls outside the definition of hemp, federal law can treat it as marijuana, a controlled substance, and card-network rules on illegal transactions apply. Here's where the big platforms stand as of September 27, 2026:

• Square is leaving CBD entirely. In an August 7, 2026 notice to sellers, Square said CBD and hemp-derived products "online or in person" will no longer be permitted, and asked sellers to remove those items from their catalogs by October 15, 2026. Account closures on November 5, 2026 have been reported.
• Stripe lists CBD as restricted, not prohibited: "CBD products containing only negligible amounts of THC, per local limits" need approval. It prohibits CBD over the local THC limit, "including CBD edibles" (policy updated September 22, 2026). Stripe's test follows the legal limit, so the new federal definition changes what qualifies there too.
• Shopify allows hemp and CBD stores in the US, but "Shopify Payments doesn't support the sale of hemp, cannabidiol (CBD), and tetrahydrocannabinol (THC) products." Its hemp pages hadn't mentioned the 2026 change as of September 27, 2026.

If your processor is one of these, plan your move now. Our guide to what to do if your processor closes your CBD account covers held funds and switching without a gap.

If you're looking for a CBD merchant account, expect the bank to review your products against the new definition, not the old one. At START, send us your product list and we'll tell you which banking partner fits it before you apply. You can see what we accept on our CBD page.

A COA (certificate of analysis) is the lab report for a batch of product. Underwriters already ask for one per product. After December 11, an old delta-9-only COA won't show whether a product is still hemp. Ask your lab for reports that include:

• Total THC, including THCA, not just delta-9
• Milligrams of total THC per container for each size you sell, not only a percentage or mg per mL
• Other THC-like cannabinoids, such as delta-8 and delta-10, since the cap counts them too
• A batch or lot number that matches the label on the product
• The lab's name and accreditation (ISO/IEC 17025 is the common standard), and the test date

Link the current COA from each product page. Processors review your website, not just your application, and a missing or outdated COA can hold up a CBD application. Our guide to CBD merchant account requirements lists the rest of what underwriters check.

1. List every SKU, by size, with its current COA.
2. Re-test anything without total THC and mg per container on its report.
3. Decide product by product: keep, reformulate, change the container size, or discontinue.
4. Before November 12, remove products containing cannabinoids the plant can't produce naturally.
5. Before December 11, remove anything else that won't qualify from your website, marketplace listings and in-store catalog. Your processor looks at what's listed, not only what sells.
6. Update labels and COA links so they match the new test results.
7. Tell your processor in writing what you're changing. A change your processor finds on its own looks worse than one you told it about.
8. Plan inventory. Don't stock up on products that may not qualify after December 11.
9. Watch for a delay. Check back here, and ask your attorney, as December 11 gets closer.

The federal definition is a floor, not a permit. States can and do set stricter rules, and a product that passes the new federal test can still be illegal where your customer lives. California's AB 8, for example, has banned retail sales of hemp flower, pre-rolls and inhalable hemp products there since January 1, 2026. Other states set age limits, registration rules or lower THC limits. Our CBD payment compliance guide covers how to check the states you ship to.

It could. The December 11 date comes from a short-term funding law, and it lines up with the next federal funding deadline. The next funding bill could extend it, leave it alone, or take a different approach. The four bills in the timeline above would delay, repeal or replace the rules, but none had passed either chamber as of September 3, 2026.

Plan as if December 11 will hold. A delay gives you more time, but products that fail the new test would still fail when it does take effect. If anything changes, including an FDA list or a new processor policy, we'll update this page and the "last checked" date at the top.