Vicente LLP Hemp Law and Policy Briefing: November 2025
Dec 1, 2025
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[Upcoming Webinar] Federal Hemp Ban Explained: A State-by-State Analysis & 2026 Outlook with Vicente LLP
How will the new federal definition of “hemp” affect hemp-derived products next year? Many states are now required to revisit their controlled-substances laws, which may trigger scheduling changes, regulatory updates, or legislative action in 2026.
Join Vicente LLP on December 10, 2025, at 3:00 p.m. ET for a state-by-state overview of expected impacts, how federal changes interact with trigger laws, and what operators should prepare for in the year ahead.
What’s new in November
A group of operators challenged Minnesota’s hemp shipping rules, Missouri opened a statewide investigation into intoxicating cannabinoid retailers, and New Mexico advanced permanent product standards and issued enforcement warnings. Ohio proposed major amendments to Senate Bill 56 that would overhaul the regulation of hemp-derived cannabinoids and beverages, while Wisconsin introduced new purchasing restrictions for intoxicating hemp products.
Below are a few of the most notable developments from last month.
State Updates
Minnesota
The Minnesota Department of Agriculture has opened applications for a 2026 industrial hemp grower/processor license, with a closing date of April 26, 2026. These licenses are only for growing and processing industrial hemp, not hemp-derived cannabinoid products, which are regulated by the Office of Cannabis Management (OCM).
Nine hemp companies have filed a petition with the Minnesota Office of Administrative Hearings, claiming that the OCM is attempting to enforce an unadopted rule that bans lawful direct-to-consumer shipments by lower-potency hemp edible retailers. This follows an OCM FAQ stating that such retailers cannot ship directly to consumers but can obtain endorsement for delivery.
The petitioners, comprised of retailers with lawful direct-to-consumer sales, argue that OCM should have adopted shipping restrictions through formal rulemaking or public notice. An OCM spokesperson said they are reviewing the petition.
For a deeper dive: Our Hemp & Cannabinoid Compliance Guides offer monthly summaries on product rules, cannabinoid legality, packaging and labeling, licensing, and enforcement trends. View sample guides here and schedule a consult with a member of our hemp and cannabinoids team today!
Missouri
On November 24, 2025, Missouri Attorney General Catherine L. Hanaway began a statewide investigation by serving Civil Investigative Demands (CIDs) to five retailers for allegedly selling unregulated, chemically modified cannabinoids like Delta-8, Delta-10, HHC, and THC-O. The probe questions if these companies violated the Missouri Merchandising Practices Act through fraud or deception by selling these “intoxicating cannabinoid products.”
The operators are required to provide CID disclosures by December 22, including product ingredients, testing, and health claims.
New Mexico
The New Mexico attorney general warned retailers about illegal cannabis products with THC levels over 0.3% that claim to be “legal hemp.” The NM Department of Justice plans to initiate civil and criminal action against those unlawfully selling such illicit products.
Additionally, the New Mexico Environment Department's (NMED) Cannabis and Hemp Bureau has proposed permanent rules that would set a cannabinoid concentration limit on finished hemp products. The current draft permanent rules set the concentration limit at no more than 2 mg Total THC per serving and 20 mg per package with a CBD:Total THC ratio of at least 15:1. NMED’s proposed permanent rules also establish new packaging and labeling requirements.
Ohio
On November 5, 2025, a Conference Committee was appointed to review the House and Senate versions of Senate Bill 56. On November 20, 2025, the Conference Committee released a draft of SB 56 that overhauls the regulatory framework originally contemplated by the bill. The Conference Committee draft aligns the framework of SB 56 with the Federal Agriculture Appropriations bill, defining hemp-derived cannabinoids (HDC) to exclude products over 0.4 mg THC per container and those not naturally produced by Cannabis. Under the latest draft, non-HDC products exceeding this limit must be sold in licensed cannabis dispensaries. The amendments also rename the Division of Marijuana Control as the Division of Cannabis Control.
The Conference Committee draft of SB 56 substantially revises the bill’s hemp-derived beverage provisions by creating a temporary beverage program that expires on December 31, 2026. The amendments eliminate the distinction between high- and low-level cannabinoid products and instead establish a single category of “drinkable cannabinoid products” (DCPs); allow certain alcohol permit holders to sell DCPs for on- and off-premise consumption during the program period; transfer DCP testing oversight to the Department of Cannabis Control; remove most labeling requirements; and eliminate DCP taxes.
To request a copy of the Conference Committee’s draft of SB 56, contact our team at marketing@vicentellp.com.
Wisconsin
On November 14, 2025, Senate Bill 644 was introduced to the Committee on Licensing, Regulatory Reform, State and Federal Affairs. It aims to set a 21+ age restriction for buying intoxicating hemp products and establish penalties. Its House companion, Assembly Bill 680, is under consideration by the Assembly Committee on State Affairs.
A competing bill, Assembly Bill 606, which regulates hemp-derived products like alcohol, passed out of the Committee on State Affairs after minor changes. No hearing has been scheduled. The Senate counterpart, Senate Bill 681, was introduced on December 1, 2025, and referred to the Committee on Agriculture and Revenue.
Comprehensive Coverage Across All 50 States
For a complete view of hemp legislation and policy trends, look no further than the Vicente LLP Hemp & Cannabinoid Compliance Guide.
Each month, our attorneys track and summarize key developments in hemp law and THC regulation across all 50 states, including updates on cannabinoid compliance, product legality, packaging, labeling, licensing, and enforcement. The result is a clear, practical resource for businesses navigating the ever-evolving hemp and cannabinoid regulatory landscape. Schedule a consult with a member of our team to learn more.