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A note on dates: you may have read "November 2026" as the deadline. A law signed on September 2 turned that single date into two, and both are covered below.
Your CBD is fine. The new federal rules are aimed at hemp products that cause intoxication, and the CBD and melatonin gummies on our shelves are not in that group. If you buy Delta-8 or Delta-9 THC gummies from us, those are the products to read about, because their federal status is scheduled to change this fall.
Late in 2025, Congress rewrote the federal definition of hemp. The new wording is what lawyers call "Section 781," and it narrows what can legally be sold as hemp. The first version gave the industry a year to adjust. Then H.R. 6500 (Public Law 119-103) became law on September 2, 2026, and it set up a two-step schedule:
Several bills that would repeal or postpone Section 781 have been introduced, but none of them has come to a committee vote.
Is CBD still legal to buy? Yes. Section 781 does not reach non-intoxicating CBD.
What about my THC gummies? They can be ordered today. If the law is applied as written, intoxicating hemp products will leave the hemp market after the dates above. People who want THC after that point would shop at state-licensed dispensaries.
Would I need a medical card for a dispensary? It depends on the state. Forty states run medical marijuana programs, and most ask for a certification from a licensed provider. Twenty-four states also license sales to adults 21 and older without any medical paperwork.
Why is there talk of "medical" and "recreational" if this is about hemp? Because marijuana law is changing on a separate track. Since April 23, 2026, state-licensed medical marijuana has been listed in Schedule III, a lower-risk federal category. Adult-use marijuana remains in Schedule I and is still illegal under federal law, even in states that permit it.
The Delta-8 and Delta-9 gummies below contain intoxicating hemp-derived THC, which puts them in scope of Section 781 if it takes effect as currently written. Nothing has been pulled; they're all in stock today.
If you're after something outside the scope of these rules, our non-intoxicating options are the CBD Gummies for Sleep and CBD Sleep Gummies, or browse the whole CBD and melatonin collection.
A DEA hearing on moving all marijuana to Schedule III ran for eleven days, from June 29 to July 15, before Chief Administrative Law Judge Derek C. Julius. Written closing briefs came in on August 17. The judge's recommendation has not been released and no due date exists. After it appears, parties get 20 days to object, and the record then goes to the DEA Administrator at least 25 days later. A final ruling in 2026 is possible but is not promised.
You've trusted us for eight years, and we want to keep earning that by giving you accurate information so your choices stay your own. If something about your order or these changes is unclear, our customer team is glad to talk it through.
This article is for informational purposes only and does not constitute legal advice.
Figures on the number of states with medical (40) and recreational (24) programs were supplied by the publisher and are not cited above.