The Food and Drug Administration quietly let a major congressional deadline slip by this week, failing to release a required list of known cannabinoids just months before sweeping new restrictions threaten to wipe out America’s booming hemp-derived THC market.
Industry leaders warn that without quick action from regulators, thousands of businesses and millions of consumers could lose access to popular delta-8, delta-10, and THCA products by November.
Congress Gave FDA a Clear Task
Lawmakers tucked two hemp provisions into last year’s massive government funding bill that President Trump signed in December 2024.
One section bans the sale of hemp products containing any detectable amount of THC after November 1, 2025, effectively reversing parts of the 2018 Farm Bill that opened the door to these goods.
The same bill, however, told the FDA to work with the National Institutes of Health and the Drug Enforcement Administration to publish an official list of all known cannabinoids by July 1, 2025.
That deadline came and went this week with no list in sight.
Why the List Matters So Much
Lawyers and industry groups say the missing list creates chaos because companies have no clear way to know which compounds will remain legal.
The new spending law includes a narrow loophole. Products made only from cannabinoids that appear on the yet-to-be-published FDA list may still be sold after November.
“Congress basically told the FDA to draw the line between legal and illegal hemp products,” said Jonathan Miller, general counsel for the U.S. Hemp Roundtable. “They haven’t done it, and time is running out.”
Without guidance, many businesses have already started pulling products from shelves out of fear of federal enforcement.
A Market Built on Legal Gray Areas
Hemp-derived intoxicants exploded in popularity after the 2018 Farm Bill defined hemp as cannabis with less than 0.3 percent delta-9 THC.
Companies quickly learned they could take CBD from hemp, convert it into delta-8 THC or other variants in a lab, and sell gummies, vapes, and drinks nationwide because the law never clearly banned synthetic cannabinoids made from legal hemp.
Sales of these products topped $2 billion last year, according to Brightfield Group estimates.
Now that entire market hangs in the balance.
States Already Moving Ahead of Washington
While the FDA stays silent, several states have stepped in with their own rules.
Texas, Florida, and Arkansas passed laws this year that restrict or ban hemp-derived THC products starting this summer.
At least 22 states now limit sales of these intoxicants, creating a patchwork of regulations that makes national brands scramble to stay compliant.
Industry groups point out that state bans often go further than what Congress intended, adding to the confusion.
What Happens Next
The FDA confirmed to reporters this week that work on the cannabinoid list continues but gave no new release date.
A spokesperson said the agency is “committed to fulfilling congressional directives” and plans to publish the list “as soon as possible.”
Many in the industry fear “as soon as possible” will come too late to save businesses from the November cutoff.
Some companies have started stockpiling raw materials. Others shift focus to CBD-only products that everyone agrees will stay legal.
Consumers have flooded social media with worry that their favorite gummies and drinks will vanish from stores in just four months.
The hemp world now waits for federal regulators to act, knowing that every week of delay brings the market closer to the edge.
This deadline miss shows once again how fast-moving cannabis markets keep running ahead of slow government rules. Real people built real companies and jobs around laws that Congress itself passed, only to watch those same lawmakers pull the rug years later. The next few months will decide if an entire American industry lives or dies because one agency could not finish its homework on time.
