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President Trump Signs Legislation Effectively Banning Most Hemp Products

As part of legislation to end the government shutdown, President Trump signed a bill that will redefine “hemp” under federal law and effectively ban most hemp products currently on the market. After legalizing a broad range of cannabis products in 2018, the new law excludes hemp products containing more than trace amounts of THC and other intoxicating cannabinoids like Delta-8-THC from the definition of “hemp,” thus rendering them controlled substances. The new law will go into effect in 365 days.

Supporters of the ban argue it will close a “loophole” in the 2018 Farm Bill that unintentionally legalized the manufacture and sale of intoxicating hemp products. The hemp industry and other critics of the new law argue that an outright ban hurts consumers, businesses, and other stakeholders, and they point to states like Georgia that have passed comprehensive legislation regulating such hemp products.

Legal experts at the Church Law Firm are available to provide authoritative commentary and legal analysis on the significant implications of this significant legislation. With extensive experience defending hemp business owners against false criminal charges in state and federal court, recovering their wrongfully seized assets, and securing injunctions against law enforcement officials to prevent raids before they occur, the firm’s track record provides unique insights into changing hemp laws and regulations.

What Impact This Ban Would Have on the Hemp Industry

The new law changes the federal definition of hemp in three ways: 1) it includes THCA under the 0.3% limit for total THC, thus criminalizing most THCA products on the market; 2) it excludes hemp-derived cannabinoids that were “manufactured or synthesized outside the plant” from the definition of hemp, such as Delta-8-THC, HHC, and THCP; and 3) it excludes hemp products with more than 0.4 milligrams of THC or other cannabinoids that produces a “similar effect” from the definition of “hemp.” 

If the law goes into effect a year from now as it is currently written, it will effectively ban most hemp products on the market. The ban will disrupt supply chains, empty store shelves, and create significant compliance exposure for retailers, wholesalers, manufacturers, and processors. The most immediate and serious risks will be raids, arrests, and civil asset seizures based on the sale of hemp products that were previously legal.

The Church Law Firm’s experience defending clients in federal court and navigating Georgia’s evolving hemp rules—including the October 2024 implementation of SB 494—positions the team to translate federal policy changes into practical, on-the-ground strategies in Georgia and other states.

Federal–State Conflicts and Preemption: Key Questions We Help Answer

• How would a federal ban of intoxicating hemp products or rescheduling cannabis interact with Georgia’s hemp laws legalizing and regulating hemp?
• What enforcement paths and potential risks are most likely for interstate shipments versus in-state retail sales of hemp products?
• How do testing methodologies distinguish compliant products from non-compliant products and affect potential criminal charges or forfeiture risk?
• What immediate compliance steps reduce exposure for retailers, wholesalers, manufacturers, and processors?
• How does federal supremacy impact state licensing frameworks and local enforcement discretion?

The Church Law Firm’s Proven Expertise in Criminal and Civil Cases involving Hemp

The Church Law Firm represents hemp businesses in federal and state courts, with a strong record of successful outcomes against overreaching law enforcement actions that threaten hemp operations in Georgia and other states.

Sample of Case Results:

• • October 2025: Dismissal of felony marijuana and gambling charges in Lee County, Georgia for a smoke shop operator, exposing testing errors and overreach against a lawful hemp business.
  • September 2025: Filed unprecedented RICO lawsuit against hemp wholesaler in metro Atlanta who sold retail client over-the-limit THC products that resulted in the raid of client’s store and arrest of client’s employee.
  • May 2025: Dismissal of criminal charges and return of seized assets for a South Fulton smoke shop after an unlawful raid and attempted forfeiture.
  • May 2025: Obtained declaratory ruling from the Department of Agriculture clarifying that hemp “pre-rolls” are legal to sell in Georgia notwithstanding the prohibition on selling “flower” at retail.
  • March 2025: Obtained order dismissing forfeiture action and requiring the return of over $150,000 in U.S. currency and $1 million in other assets wrongfully seized from hemp dispensary in North Georgia.
  • December 2024: Dismissal of all charges for a client accused of trafficking ~300 pounds of marijuana while delivering THCA flower through South Georgia.
  • November 2024: Dismissal of charges against vape store owner in metro Atlanta based on sale of Delta-8-THC gummies.
  • March 2024: Attorney Tom Church was called on to testify to a Georgia Senate subcommittee regarding proposed legislation to regulate consumable hemp products, including hemp products containing THC.
• November 2023: Obtained order requiring the return of over $300,000 of U.S. currency and $1 million in hemp inventory that was wrongfully seized from hemp wholesaler, leading to the Georgia Court of Appeals ruling that Delta-8-THC is legal under state law.
• August 2022: Obtained injunction against Sheriff of Catoosa County who threatened local businesses with raids and criminal charges based on the sale of THC gummies.
• April 2022: Obtained TRO and injunction against Gwinnett County District Attorney who threatened raids against small businesses based on the sale of THC gummies.

Available for Media Commentary

Church Law Firm attorneys are available for:

• On-the-record quotes via phone or email
• Phone and Zoom interviews for print, podcast, and broadcast
• On-camera appearances for television news
• Background briefings for longer investigative pieces

Topics available for expert commentary include:

• Federal vs. state hemp law conflicts and preemption
• Enforcement patterns, charging trends, and law-enforcement overreach
• Constitutional challenges to drug scheduling and due-process concerns in testing/forfeiture
• Hemp regulatory compliance across jurisdictions (COAs, labeling, licensing)
• Civil liberties implications of asset forfeiture in cannabis/hemp cases
• Federal Farm Bill interpretation and future legislative scenarios
• Testing methodology disputes and evidentiary challenges

Recent Media Appearances & Press Coverage

Church Law attorneys, including founding partner Tom Church, have been featured in multiple Georgia and national media outlets providing expert legal commentary on the federal hemp ban and its impact on hemp businesses, consumers, and state regulators.

Atlanta News First – Plan to Reopen Federal Government Includes Devastating Hemp Regulation, Supporters Say: Tom Church discusses how the federal definition of hemp could criminalize lawful Georgia businesses.

FOX 5 Atlanta – Federal Funding Bill Contains Measure Hemp Businesses Say Will Devastate Industry: Church explains how the new legislation could lead to widespread product seizures and arrests.

WSB Radio – New Regulations on Hemp-Related Products Could Impact Industry: Church provides legal insights into the evolving hemp regulatory landscape in Georgia and nationwide.

WSB-TV – Hemp Prohibition Included in Gov’t Reopening Bill Catches Businesses, Customers by Surprise — Tom Church comments on how the sudden inclusion of hemp restrictions in federal legislation could create major uncertainty for Georgia’s hemp industry.

Through these interviews, Church Law continues to serve as a trusted source for federal hemp law updates, constitutional challenges, and hemp industry compliance guidance.

Quick Facts for Journalists

• The 2018 Farm Bill removed “hemp” from the federal CSA if ≤0.3% Delta-9 THC by dry weight; state programs add additional requirements.
• Federal marijuana prosecutions have declined relative to prior years but remain active for perceived large-scale or interstate conduct.
• The new law passed in November 2025 to fund the government includes language that would ban intoxicating hemp products and other products containing hemp-derived THC and other cannabinoids.
• Georgia’s 2024 updates increased labeling/COA and THCA-related compliance pressure for consumable hemp products.
• COA and labeling defects, and lab variability, continue to drive wrongful charging and seizures.
• Asset forfeiture remains a major business risk in both federal and state actions tied to cannabis/hemp enforcement.

For immediate expert commentary contact:

The Church Law Firm

(404) 223-3232

tom@church.law

Centennial Tower, 101 Marietta Street NW, Suite 3300, Atlanta, GA 30303