November 12, 2026
What changes for your products on November 12?
P.L. 119-37 §781, signed November 12, 2025, takes effect by its own words 365 days later — November 12, 2026. It will redefine hemp federally on a total-THC basis, exclude a final product containing greater than 0.4 milligrams combined total per container across two groups of cannabinoids, and exclude certain cannabinoids by origin through two separate subclauses that the statute deliberately keeps apart. Here is each provision with its citation and dates, what P.L. 119-103 §2019 narrows until December 11, 2026, and the evidence worth collecting before the date arrives.
Snapshot last reviewed 2026-08-26 · HempDash compliance research — primary-source verification pending
This page is reviewed reference material, not legal advice. What the scheduled provisions mean for a specific product is a question for you and your counsel.
Texas requirements today
Federal definition — November 12, 2026
- Products whose compliance math uses delta-9 THC alone
- Finished consumable products, per container
- Products reached by the two origin exclusions
Texas requirements today, next to the scheduled federal definition
Both columns render from the same reviewed rule records as the Texas rules page. The left column is what binds a Texas operator now; the right column takes effect November 12, 2026 and binds no one before then.
Texas requirements today
COA content requirements for consumable hemp products
25 TAC §300.301(d) (adopted rules, 25 TAC Chapter 300)
In effect — March 31, 2026, adopted DSHS rules filed with the Secretary of State March 2, 2026 (TRD-202601066).
Enforcement: In force
Packaging and labeling requirements for consumable hemp products
25 TAC §300.402(a), (a)(6)(A)-(B), (b), (c)
In effect — March 31, 2026, adopted DSHS rules filed with the Secretary of State March 2, 2026 (TRD-202601066). Section 300.402 was adopted with changes to the proposed text published December 26, 2025 (50 TexReg 8486).
Enforcement: In force
Retail registration for consumable hemp product sellers
25 TAC §300.502(b)(7), (d), (g), (h) and §300.202(c) (registration provisions); Texas Health & Safety Code ch. 443
In effect — March 31, 2026 (adopted DSHS rules).
Enforcement: In force
Registration of online retailers selling into Texas
25 TAC Chapter 300 (registration provisions)
In effect — March 31, 2026 (adopted DSHS rules).
Enforcement: In force
Smokable hemp product provisions
25 TAC Chapter 300 (smokable hemp provisions); Texas Health & Safety Code ch. 443
In effect — March 31, 2026 (adopted DSHS rules).
Enforcement: In force
21+ age restriction for consumable hemp product sales
Executive Order GA-56 (2025); 25 TAC Chapter 300
In effect — GA-56 issued October 2025; the Chapter 300 age provisions took effect with the adopted rules on March 31, 2026.
Enforcement: In force
No consumption of consumable hemp products on TABC premises where drinking is prohibited
16 TAC §35.7 (TRD-202602271; adopted without changes to the proposed text at 51 TexReg 2306)
In effect — adopted at the Commission's June 2, 2026 meeting, filed with the Secretary of State June 2, 2026 (TRD-202602271), published in the June 19, 2026 Texas Register, and effective June 22, 2026. Adopted without changes to the text proposed April 10, 2026 (51 TexReg 2306).
Enforcement: In force
Controlled-substance scheduling of manufactured and synthesized cannabinoids
51 TexReg 4597 (published 2026-07-10)
In effect — July 31, 2026.
Enforcement: In force
Total delta-9 THC threshold — 25 TAC §300.301(a)(4), §300.301(b)(4), §300.302(b)(1)
25 TAC §300.301(a)(3)-(4), §300.301(b)(2), (b)(4); 25 TAC §300.302(b)(1), (c)(3)
Effective March 31, 2026 — adopted DSHS rules, filed with the Secretary of State March 2, 2026 (TRD-202601066).
Enforcement: Under review
Delta-8 THC products in Texas
51 TexReg 4597 (published 2026-07-10, effective 2026-07-31); prior contested history
The scheduling action is in effect as of July 31, 2026. How it applies to any particular delta-8 product depends on how that product is made.
Enforcement: Under review
Federal definition — November 12, 2026
Scheduled — nothing in this column is enforceable before its effective date.
Federal hemp redefinition — total THC basis
P.L. 119-37 §781, enacting 7 U.S.C. 1639o §297A(1)(A) (139 Stat. 558-559)
Scheduled. §781 is effective 365 days after enactment of P.L. 119-37, which was signed November 12, 2025 — so November 12, 2026. NOT in effect today. From November 12, 2026 until December 11, 2026 the §781 amendments are narrowed by P.L. 119-103 §2019 to two subclauses only; see statutoryTimeline.
Enforcement: Not yet in force
0.4 mg per-container cap — a COMBINED total, not a total-THC-only cap
P.L. 119-37 §781, enacting 7 U.S.C. 1639o §297A(1)(C)(iv)(III)
Scheduled — §781 effective November 12, 2026. NOT in effect today. IMPORTANT: P.L. 119-103 §2019 narrows the §781 amendments until December 11, 2026 to paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I) ONLY. This container cap sits at (1)(C)(iv)(III) and is NOT among the paragraphs §2019 names. What that omission does to the cap's operation between November 12 and December 11 is a question of statutory construction this record does not decide, in either direction.
Enforcement: Not yet in force
Cannabinoid-origin exclusions — TWO separate subclauses, two different tests
P.L. 119-37 §781, enacting 7 U.S.C. 1639o §297A(1)(C)(ii)(I)-(II) and (1)(C)(iv)(I)-(II)
Scheduled — §781 effective November 12, 2026. NOT in effect today. P.L. 119-103 §2019 narrows the §781 amendments until December 11, 2026 to paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I) — that is, to subclause (I) ONLY. Subclause (II) is not among the paragraphs §2019 names. That §2019 omits subclause (II) is a fact about the drafting of one sentence; it is NOT a finding that subclause (II) does or does not operate from November 12, and no inference in either direction is drawn here.
Enforcement: Not yet in force
Which product categories the provisions touch, as written
Read from the provisions themselves (P.L. 119-37 §781), three kinds of products are directly implicated. Whether a specific product falls in a category depends on its formulation — that call belongs with you and your counsel.
Products whose compliance math uses delta-9 THC alone
The scheduled definition counts total THC — THCA and other THC values included — rather than delta-9 THC alone. A product that meets today's math on a delta-9 basis may compute differently on a total-THC basis; the only way to know is component-level lab values.
P.L. 119-37 §781 — total-THC redefinition
Finished consumable products, per container
The scheduled provision excludes a final hemp-derived cannabinoid product containing greater than 0.4 milligrams COMBINED TOTAL per container of two things together: (aa) total tetrahydrocannabinols, tetrahydrocannabinolic acid included, and (bb) any other cannabinoids of similar effect as determined by the Secretary of Health and Human Services. It is a combined figure across two groups, not a cap on total THC alone, and it is a container-level number rather than a concentration — so container size and per-container content become the figures that matter. We have not located a determination by the Secretary populating group (bb); that the public record shows none is not the same as the group being empty, and we do not write it as though it were.
P.L. 119-37 §781 — §297A(1)(C)(iv)(III) combined per-container provision
Products reached by the two origin exclusions
The scheduled definition carries TWO distinct exclusion subclauses, which appear for intermediate products at (1)(C)(ii) and again in identical words for final products at (1)(C)(iv). Subclause (I) reaches cannabinoids “not capable of being naturally produced by a Cannabis sativa L. plant” — a question about what the species can do at all. Subclause (II) reaches cannabinoids that “(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and (bb) were synthesized or manufactured outside the plant” — a question about the origin of the particular material. The two tests can give opposite answers for the same compound, which is why the statute states them separately, and we do not collapse them into a single category. Which subclause reaches a given ingredient is a formulation-and-process question for you and your counsel — which is why supplier disclosure of production method is on the evidence list below.
P.L. 119-37 §781 — §297A(1)(C)(ii)(I)-(II) and (1)(C)(iv)(I)-(II)
What P.L. 119-103 §2019 narrows, until December 11, 2026
A second act, signed September 2, 2026, narrows the reach of the §781 amendments for a period. It is one sentence long and it is widely described as moving the effective date. It does not do that.
Until December 11, 2026, the amendments made by section 781 of division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply with respect to products described in paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) (as amended by such section 781).
- It amends no effective date. Section 781's own commencement clause — “Effective 365 days after the enactment of this Act” — is untouched, and it sets November 12, 2026.
- December 11, 2026 is the terminus of that narrowing, not a date on which anything commences. It is also the date the appropriations in the same act run out under §106(3), and the same date is struck into homeless-veteran housing authorities at 38 U.S.C. 2033(d), 2041(c) and 2044(e) and into the surface transportation division of that act.
- The enacted text of that act contains the words hemp, cannabis and November 12 zero times. Any description of it as the hemp delay is a characterisation added afterward, not a quotation.
- Whether “until December 11” includes or excludes that day is not defined by the text, and we do not resolve it.
- It names two paragraphs and no others. What the omission of any other paragraph — subclause (II) of either exclusion, the combined threshold at (1)(C)(ii)(III), or the combined per-container provision at (1)(C)(iv)(III) — means for that paragraph between November 12 and December 11 is a question of statutory construction. We assert nothing about it in either direction, and neither should anyone who has not shown you their reasoning.
Evidence worth collecting now
None of this is required by the scheduled provisions today. It is the evidence that answers the November questions, and it is much easier to collect while there is no deadline attached.
- Component-level COA values for every product — including THCA and the other THC values, not just delta-9 — so the total-THC math can actually be computed.
- Per-container content for each finished product, in milligrams, from lab values you can show — container size × concentration, reported for total tetrahydrocannabinols with tetrahydrocannabinolic acid included, so the combined figure can be computed rather than estimated.
- Supplier disclosure, in writing, of the production method for every cannabinoid ingredient — enough to answer both origin questions separately: whether the compound is one the plant can produce at all, and whether this particular material was synthesized or manufactured outside the plant.
- A product-by-product inventory noting which of the three categories above each one touches, so the counsel conversation starts from a list instead of a guess.
This is evidence-collection practice ahead of a scheduled requirement — not legal advice, and not a statement of what any product's November position will be.
See the math on a document
The free COA check page includes a labeled educational specimen with a rule-set toggle — Texas requirements today and the scheduled federal definition side by side, run on the same document.
Get verified rule changes by email
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