The short answer: The 2026 midterms gave Democrats control of the House and Senate, but the new Congress isn't sworn in until January. The federal hemp ban is still scheduled to take effect December 11, 2026, so the current Congress will decide in the next few weeks whether to delay it, replace it with real regulations, or let it happen. The most useful thing we can do right now is ask our state attorney generals to support regulating hemp instead of banning it.
If you're anything like us, you stayed up later than you meant to last night (the coffee is doing some heavy lifting this morning). Now that the results are in, a lot of you have been asking the same question: what does this mean for hemp, and for the products you've made part of your routine?
Yesterday changed a lot in Washington, but it didn't change the date on the calendar we care about most for our business. Here's what you need to know, and the one thing you can do this week that genuinely makes a difference.
What happened in the 2026 midterm election?
Voters handed control of both the House and the Senate to Democrats, a big shift in who will be writing the rules in Washington starting next year. Whatever your politics, that's a new Congress with new committee chairs, new priorities, and a fresh chance to have a real conversation about how hemp should be regulated.
Does the election stop the federal hemp ban?
Here's the part that's easy to miss: the new Congress doesn't take office until January. The hemp ban takes effect December 11.
That means the decision about whether hemp products stay on shelves will be made by the current Congress (the same one that passed the ban) in the few weeks between now and the holidays. December 11 is also the day government funding runs out, so the next funding bill is the most likely place for hemp to land. That could mean another delay, real rules that keep hemp legal and safe, or nothing at all.
There's reason for hope. Lawmakers in both parties have been working on a framework that would regulate hemp instead of banning it, and some are pushing to get it done before the deadline. But the people who want hemp gone haven't stopped, either.
What does the hemp ban mean for CBD and hemp products?
Under the new federal definition, a hemp product with more than 0.4mg of total THC per container would no longer count as legal hemp. Not per serving. Per container. That would sweep in most CBD products, low-dose hemp drinks, and all of our products.
We built Mary & Jane around the idea that less is more: a gentle, controlled experience, more like sipping a glass of wine than drinking from the tequila bottle. One of our customers told us she used to finish a bottle of wine most nights and now reaches for a small amount of Sunny instead. Stories like hers are why we do this, and why a blanket ban feels so wrong to us. The answer to an unregulated market is good regulation, not making it disappear overnight.
Who is pushing for a hemp ban?
Recent reporting from Politico found that lobbyists working for a few of the biggest alcohol companies have been urging state attorneys general to push Congress toward hemp prohibition, in part because hemp products increasingly compete with their own.
That matters, because attorneys general have real influence here. Twice in the past two years, more than 30 of them signed letters asking Congress to make hemp products illegal, and another letter may be circulating this fall. (To be fair, plenty of the alcohol industry is playing fair and supports regulating hemp the way alcohol is regulated. This is about a handful of very large players.)
Your attorney general hears from lobbyists all the time. They rarely hear from people like you.
How can I help stop the hemp ban? (It takes 5 minutes!)
The U.S. Hemp Roundtable has made this incredibly easy. They've drafted a letter you can send to your state's attorney general. You just enter your information and it routes you to the right letter for your state.
The letter asks your AG to reject prohibition and instead support sensible federal rules for hemp, including:
- A 21+ age requirement
- Child-safe packaging
- Lab testing
Those are rules we already believe in and hold ourselves to.
One small ask: if you have a minute, add a sentence or two at the top about who you are and why hemp matters to you. Maybe it helps you sleep, takes the edge off a hard day, or replaced that second glass of wine. A real story from a real constituent carries more weight than anything a trade group can say.
And if you have a friend who loves their hemp products as much as you do, send this their way.
Hemp ban FAQ
When does the federal hemp ban take effect?
December 11, 2026, unless Congress acts first. It was originally set for November 12, 2026, and was pushed back about a month by a temporary government funding bill.
Did the 2026 election stop the hemp ban?
No. The newly elected Congress takes office in January, after the December 11 deadline. Any fix before then has to come from the current Congress during its post-election session.
What hemp products would the ban affect?
The new federal definition only counts a product as legal hemp if it has 0.4mg or less of total THC per container. That would sweep in most full-spectrum CBD products, low-dose THC drinks, and hemp-derived edibles, including microdose products.
Will hemp products be illegal after December 11?
If Congress doesn't delay the ban or pass new rules, most hemp-derived THC products would be treated as controlled substances under federal law. State laws vary, and some states already restrict hemp on their own.
How can I help stop the hemp ban?
Send a letter to your state attorney general through the U.S. Hemp Roundtable's letter tool. It takes about five minutes and asks your AG to support federal rules for hemp, like a 21+ age limit, child-safe packaging and lab testing, instead of an outright ban.
Why do state attorneys general matter for hemp?
More than 30 attorneys general have twice signed letters urging Congress to ban hemp products, and another letter may circulate this fall. Hearing from constituents can change where they land.
We'll keep you posted
The next five weeks will decide a lot, and we promise to keep you in the loop as things move. In the meantime, thank you for being here, for your messages, and for caring about this as much as we do.
Let us know when you've sent your letter!
Warmly,
Laura & Rachael