Vicente LLP Hemp Law and Policy Briefing: September 2025

Oct 7, 2025

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The dynamic nature of federal and state-level hemp and cannabinoid regulation necessitates proactive engagement and compliance. Below are a few of the most notable developments from September.

For a deeper dive into all 50 states, 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!

Federal Updates

FDA Is Now Tracking Adverse Health Events Related To Hemp Cannabinoids Like CBD Following White House Approval

The FDA has updated its forms for reporting side effects of drugs to include hemp-derived products like CBD. This update allows health professionals and consumers to report any side effects related to hemp-derived products through the MedWatch program. This change comes as discussions at the federal and state levels continue about regulating or banning intoxicating hemp products. Read more.

Democratic Senators Say Proposed Hemp THC Ban Would Deal A ‘Fatal Blow’ To The Industry

Democratic senators are pushing back against a proposed ban on hemp products with THC, warning it would devastate farmers and erase billions in economic activity. They instead call for regulations like age limits, labeling rules, and product testing to protect consumers. Read more.

Trump Posts Video On Medical Benefits Of Cannabis For Seniors As White House Weighs Rescheduling

President Donald Trump shared a video promoting hemp-derived CBD and its potential health benefits for senior citizens, even suggesting Medicare should cover it. The post comes as he weighs a federal marijuana rescheduling proposal and as Congress debates hemp THC bans that could upend the CBD market. Read more.

State Updates

California

Ban on Most Hemp Ingestible Products (AB-8)

On October 2, AB-8 was signed into law. Starting January 1, 2026, DTC sale of most hemp cannabinoid products will not be permitted, as those products would be deemed cannabis and have to be sold through licensed cannabis dispensary channels.

The bill prohibits industrial hemp raw extract from being incorporated into food, food additives, beverages, or dietary supplements unless the industrial hemp raw extract has a purity level greater than 99% and does not contain any THC or synthetic cannabinoids. Only CBD isolate and CBN isolate are permitted as ingredients if they are of 99%+ purity, effectively banning the sale of full-spectrum hemp ingestibles, which are otherwise lawful under the 2018 Farm Bill. The sale or delivery of hemp flower and hemp pre-rolls within the state is also explicitly prohibited under AB 8.

After January 1, 2028, industrial hemp would be permitted for use as an ingredient in cannabis products and otherwise introduced into the cannabis supply chain, as determined by DCC regulation.

Hemp Online Marketplace Legislation (SB-378)

The legislature also passed SB-378 and the bill is awaiting the Governor's signature. Unless vetoed, effective June 1, 2026, SB-378 will make online marketplaces responsible for monitoring and responding to reports of intoxicating hemp sales. The bill will also impose joint and several liability for damages caused to a consumer by the ingestion of an intoxicating hemp product on an online marketplace that engages in unlawful paid online advertising of the product. Affirmative defenses are provided if the "marketplace" follows highly detailed parameters, including "clear and conspicuous" reporting mechanisms allowing anyone to report intoxicating hemp product advertisements on the platform, disclosures against California intoxicating hemp sales in specified fonts, and not taking custody or control of intoxicating hemp products.

CDPH Hemp Regulations

In September, the Department of Public Health (CDPH) invited stakeholders to participate in the development of CDPH's proposed Industrial Hemp regulations by requesting comments on issues or concerns CDPH should be aware of in establishing intoxicating cannabinoid regulations. Pending adoption of permanent regulations, the CDPH emergency regulations remain effective.

Michigan

On September 16, 2025, House Bills 4964, 4965, 4966, and 4967 were introduced to the House Representatives by Rep. Joseph Aragona.

House Bill 4967 amends the Marihuana Regulation and Taxation Act, adding definitions including “industrial hemp.”
House Bill 4966 revises the Industrial Hemp Growers Act, clarifying unlawful practices (e.g., cultivating noncompliant hemp, selling to unlicensed processors) and mandating detailed recordkeeping, including THC testing and purchaser data.
House Bill 4965 updates the Medical Marihuana Facilities Licensing Act to allow licensees to handle industrial hemp and provides immunity for lawful activity under regulatory compliance.
House Bill 4964 establishes licensing requirements for processing consumable hemp products, including fees, qualifications, mandatory testing, labeling rules (e.g., child safety warnings, FDA disclaimers), and a ban on converted cannabinoids. It also repeals the Industrial Hemp Research and Development Act, contingent on the passage of the aforementioned related bills.

On September 16, 2025, the Senate introduced Bill 266 which regulates the sale and testing of intoxicating hemp products—banning sales to individuals under 21 and restricting child-appealing formats.

Lawmakers in the Michigan House are also considering regulating hemp-infused beverages sold at liquor stores, bars, and grocery stores under the Michigan Liquor Control Commission.

Minnesota

The application period for Lower-Potency Hemp Edible (LPHE) retailers and wholesalers opened on October 1, 2025, and closes at noon CT on October 31, 2025. The Office of Cannabis Management (OCM) published several guidance documents on LPHEs.

These guidance documents cover a number of topics, including application review and qualification, timeline, types of licenses and endorsements available, allowable business activities, product requirements, steps for current registrants seeking a hemp license, and more. The OCM will host a webinar on LPHEs on Tuesday, October 7, 2025, at 1pm CT.

Texas

Special Legislative Sessions

The second special legislative session ended on September 3, 2025, with no agreement on THC regulation. With the legislature meeting only every two years, no further action is expected unless Governor Abbott calls a third special session, which he has hinted may occur in October.

Executive Order

On September 10, Governor Abbott signed Executive Order (EO) No. GA-56 directing state agencies to strengthen enforcement and regulation of hemp-derived products. The order, which does not change existing law, instructs the Department of State Health Services (DSHS), the Alcoholic Beverage Commission (TABC), and the Department of Public Safety (DPS) to: (1) prohibit sales to minors, (2) enhance testing, labeling, and recordkeeping rules, (3) increase enforcement, and (4) evaluate comprehensive regulatory frameworks, such as the model proposed in HB 309 during the second special legislative session.

Agency Response to EO

TABC issued emergency rules effective immediately (but enforceable starting October 1), prohibiting sales of consumable hemp products to anyone under 21. Violations may result in TABC license cancellation. TABC plans to propose permanent rules in November. DSHS is also updating program rules to align with the EO, including age verification and sales restrictions.

Cannabinoid Vape Ban

As a reminder, SB2024 became effective on September 1, 2025, and bans a wide range of vape and electronic device products, including hemp-cannabinoid vapes (outside of those sold in the Compassionate Use Program) and vapes manufactured in or marketed as being from China.

Manske, et al. v. City of Abilene Texas, et al.

Following a police seizure of $400,000 in hemp products, a CBD retailer filed suit alleging unlawful seizure and due process violations. The plaintiff cited Governor Abbott’s EO to argue that existing rules did not require total THC testing. The court denied a motion for a temporary restraining order on September 15, but a final ruling may clarify testing requirements for final-form products under current Texas law.

Comprehensive Coverage Across All 50 States

If you want more than just these highlights, that’s where the Vicente LLP Hemp & Cannabinoid Compliance Guide comes in.

Each month, our attorneys track and summarize developments across all 50 states from product sales and cannabinoid legality to packaging, labeling, licensing, and enforcement actions. The result is a practical, easy-to-use resource that translates complex regulations into clear compliance insights.

Schedule a consult with a member of our team to learn more.