Without Further Congressional Action, Full-Spectrum CBD Products Will Be Classified as “Marijuana” on December 11th
Disclaimer: Until further clarification from the U.S. Drug Enforcement Administration and Food and Drug Administration, as well as the Michigan Cannabis Regulatory Agency and Department of Licensing and Regulatory Affairs, and other relevant state and/or federal stakeholders, the MAC as an organization still has questions regarding the legality of our members selling CBD products in their offices, and we continue to strongly urge caution.
Our major concern is that licensed health care professionals such as chiropractors are held to a higher standard than other retailers (such as the video stores, pharmacies, grocery stores, and other outlets that currently sell CBD products), and they need to protect their license at all costs.
Currently, to legally sell CBD products in Michigan, an entity must have a handling (retail) license. Very few of these licenses exist. The VAST majority of businesses in Michigan that are currently selling these products (the gas stations, etc., where chiropractic patients see products containing CBD for sale), are technically selling CBD products illegally. The State of Michigan, however, admits that they do not have the resources or personnel to enforce this. Despite this admission, businesses that sell CBD products are doing so at their own (calculated) risk.
We continue to monitor this situation very closely and will continue to keep the profession updated on the latest developments, as appropriate.
In September, President Trump signed into law a short-term government funding bill that contains a provision that pushes back the scheduled federal ban on hemp-derived THC products. Without further congressional action, the restrictions will come into effect on December 11, 2026.
Last year, President Trump signed legislation closing the so-called hemp “loophole” created by the 2018 Farm Bill by redefining legal hemp-THC products as containing a maximum 0.4 milligrams of total THC per container, which would put a single 5 mg gummy far over the line, beginning November 12, 2026. The low threshold in this redefinition effectively bans full-spectrum CBD products by reclassifying them as marijuana. The delay provision signed by President Trump gives Congress an additional month to develop a regulatory framework for hemp-derived products. Several bills to delay, repeal, or regulate the change are currently under consideration, but they are stalled in committee and their outcome is uncertain.
The Trump administration has urged Congress to update the law when it comes to full-spectrum CBD products. In a Truth Social post on the day the administration anno7unced its intention to re-schedule marijuana, he wrote: “I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks.”
Also, earlier this year, the Centers for Medicare and Medicaid Service (CMS) launched a new initiative that covers up to $500 per year in hemp-derived products for eligible beneficiaries.
This creates a bizarre situation where the federal government is actively expanding access to CBD through one program, while potentially ending access entirely through the new 0.4 milligram maximum limit per container.
The 2018 Farm Bill
Under the 2018 Farm Bill, hemp was separated from marijuana by a single measure – the amount of delta-9 THC by dry weight. If the measure was at or below 0.3% delta-9 THC by dry weight, it was classified as legal hemp. If over 0.3%, it was classified as marijuana.
Unfortunately, this created the “hemp loophole,” a legal disparity that inadvertently allowed for the production and sale of other psychoactive cannabinoids derived from hemp, such as delta-8-THC and THCa (tetrahydrocannabinolic acid). The 2025 law closed the loophole in two ways:
- By measuring total THC, not just the concentration of delta-9 alone, and
- By instituting a per-package limit rather than a per-serving one, with finished products capped at 0.4 milligrams of total THC per container, making many full-spectrum hemp products noncompliant
Products containing naturally occurring cannabinoids fall under the December 11th extension, but those containing synthetic cannabinoids will lose federal hemp status on November 11th, as scheduled.
FDA Guidance
Under the November 2025 law, the U.S. Food and Drug Administration (FDA) was required to publish guidance regarding hemp by February 10, 2026. Specifically, FDA guidance was required to publish:
- A list of all cannabinoids that are known to FDA to be capable of being naturally produced in a cannabis plant based on peer-reviewed literature
- A list of THC class cannabinoids known to FDA to be naturally occurring in the plant
- A list of all other known cannabinoids with similar effects to (or marketed to have) THC class cannabinoids
- Additional information about the term container as defined in the law.
As of September 29, 2026, this guidance has still not been published, making it even harder for manufacturers to comply with the law.
Conclusion
The MAC Government Relations and Legal Affairs teams continue to monitor events in the CBD space – both federally and at the state level – with an eye toward the legality of Michigan chiropractors selling legal CBD products in their offices. Stay tuned for more information as it becomes available.
