Hemp & Marijuana Regulatory Update — Week of September 29, 2026
Countdown: 44 days until the first Section 781 date (November 12, 2026), and 73 days until the second (December 11, 2026).
Editor's note: the original "November 2026" deadline has changed. A September 2 law split it into two dates, so this article shows both.
This Week's Developments
At InJoy Extracts, we believe an informed customer is a confident one. Here is a calm, plain-language look at where federal hemp and marijuana policy stands this week.
On hemp, Congress passed, and the President signed H.R. 6500 (Public Law 119-103) on September 22. It is a spending bill that also adjusted the timing of the Section 781 hemp restrictions. The result is two dates. OnNovember 122, 2026, products containing cannabinoids that the cannabis plant cannot naturally produce lose hemp status. OnDecember 111, 2026, the finished-product limit of 0.4 milligrams of total THC per container is scheduled to take effect, unless Congress acts again. Several bills to repeal, soften, or further delay the ban remain in committee, and none has had a vote.
On marijuana, the DEA held an 11-day hearing fromJune 299 throughJuly 155 before Chief Administrative Law Judge Derek C. Julius. Final briefs were dueAugust 177. The judge's recommended decision on moving marijuana more broadly to Schedule III is still pending, with no set deadline. Nothing new was decided on that front this week.
Where Things Stand
- Marijuana rescheduling: Medical marijuana moved to Schedule III onApril 233, 2026. The broader question for all marijuana awaits the judge's recommendation and a final DEA decision.
- Section 781: Intoxicating hemp products face restrictions on November 122 and December 111, 2026, under current law. Congress could still change this.
- Medical vs. recreational: Medical marijuana through state programs is in Schedule III. Recreational marijuana remains federally illegal, even in states that allow it.
- Non-intoxicating CBD: Not affected by Section 781.
What This Means for You
Are hemp extracts still legal? Non-intoxicating CBD extracts are not affected by Section 781 and remain legal. Intoxicating hemp products are still available for now, but under current law, they will be restricted on the dates above.
What happens to THC products after that? If the law stays as written, customers who want THC products will need to buy from state-licensed dispensaries.
Will I need a dispensary card? That depends on your state. Medical marijuana is legal through state programs in 40 states, typically with a recommendation or certification from a licensed provider. Recreational marijuana is legal under state law in 24 states for adults 21 and over, although it is still illegal federally.
What is the difference between medical and recreational? Medical marijuana is accessed through a state program with a provider's involvement and is now Schedule III federally. Recreational (adult-use) marijuana is sold to adults without a medical recommendation in states that permit it, and it is still Schedule I federally.
What should I do? If you use hemp-derived THC products, look up your state's rules so you can plan. We will keep you posted each week.
InJoy Extracts Products That May Be Affected
These products contain intoxicating hemp-derived cannabinoids (Delta 8, Delta 9, THC-P, or THCA), so they may fall under the Section 781 restrictions if the law stays as written. They remain available today.
Gummies
Vapes and Carts
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Browse the full collections:Â Delta 9 gummies, Delta 8/9 live resin gummies, Delta 8 carts and THCA disposables.
Key Dates to Watch
- Any day: The judge's recommended decision on broader marijuana rescheduling. After it is issued, parties have 20 days to file exceptions, and the record goes to the DEA Administrator at least 25 days after that. A 2026 final decision is possible but not guaranteed
- November 1212, 2026: Products with cannabinoids not naturally produced by the plant lose hemp status
- December 1111, 2026: The 0.4 mg per-container finished-product limit is scheduled to take effect unless Congress changes it.
- Ongoing: Committee action on bills to repeal or delay Section 781, including H.R. 9830 and H.R. 7024.
Our Commitment
InJoy Extracts is committed to quality extracts and clear information for your wellness routine. Questions about our products or these changes? Our team is here to help.
This article is for informational purposes only and does not constitute legal advice.
References
- H.R. 6500 delay of hemp definition changes — Next Level Leaf, Section 781 Hemp Deadline Tracker
- Hemp THC Ban 2026: No December 1111 — Learn Brands
- Congress Enacts Hemp THC Products Ban — Saul Ewing
- 2026 Federal Hemp Ban: What It Means for the Future of Consumable Hemp Products — Vicente LLP
- High Time for a Change? Post-DEA Hearing, Broader Marijuana Rescheduling Questions Remain — Morgan Lewis
- What's Going On With Marijuana Rescheduling? — The Marijuana Herald
- DEA Hearing on Proposed Marijuana Rescheduling BeginJune 2929 — DEA.gov
- Marijuana Rescheduling Regulatory Actions — DEA.gov
- Justice Department places FDA-approved and state-licensed marijuana products in Schedule III — U.S. Department of Justice
- Schedules of Controlled Substances: Rescheduling of Marijuana — Federal Register
Figures on the number of states with medical (40) and recreational (24) programs were supplied by the publisher and are not cited above.
By: James Harrison