Federal Rescheduling Signals and 2026 Hemp Regulations: Key Takeaways for the Hemp Market

Potential Federal Marijuana Reclassification 

December 2025 Hemp Law Updates

 

Recent reporting indicates that President Trump is expected to issue an executive order directing federal agencies to begin the process of reclassifying marijuana. This development has prompted questions across the hemp and cannabis industries, especially as Congress has already enacted new federal hemp restrictions that will take effect in 2026.

This article provides a clear explanation of what these events mean for Plain Jane, for hemp legality, and for customers who rely on federally compliant hemp products.


1. Marijuana Has Not Been Federally Rescheduled

A recent CNBC report stated that President Trump is expected to sign an executive order instructing federal agencies to begin evaluating marijuana for potential rescheduling. This has not yet occurred, and no legal change has taken effect.

As of December 2025:

  • Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act.

  • No federal rulemaking has been completed.

  • Any rescheduling requires a formal administrative process, including scientific review, draft rulemaking, public comment, and issuance of a final rule.

Even under expedited timelines, this process takes months. No immediate federal legalization would result from an executive order.


2. Hemp Remains Legal Under the 2018 Farm Bill

Hemp continues to be federally legal and is defined as cannabis containing no more than 0.3% delta-9 THC by dry weight. This legal definition is separate from marijuana rescheduling and remains in effect.

Hemp’s status today:

  • Legal under the 2018 Farm Bill

  • Not affected by marijuana’s scheduling

  • Permitted for nationwide commerce when compliant with federal THC limits

Plain Jane’s core non-intoxicating hemp products remain federally legal as of December 2025.


3. New Federal Hemp Restrictions Begin in 2026

In November 2025, Congress passed H.R. 5371, a government funding bill that includes the most significant rewrite of federal hemp law since 2018. President Trump signed the bill into law.

These updates will take effect after a one-year transition period, beginning in late 2026. Key changes include:

3.1 A shift from delta-9 THC limits to total THC

Federal oversight will consider all THC present in a product, including THCA when converted during decarboxylation.

3.2 Restrictions on intoxicating hemp-derived cannabinoids

Products containing cannabinoids such as delta-8 THC, delta-10 THC, and high-THCA flower will face federal limits or prohibitions.

3.3 New serving-size and package-level THC limits

Some full-spectrum CBD products may require reformulation to comply with updated thresholds.

3.4 Continued recognition of compliant hemp

Non-intoxicating hemp products meeting the new requirements will remain federally legal.

These changes are separate from marijuana rescheduling and stem from Congressional action, not executive order.


4. What This Means for Plain Jane Customers

4.1 Plain Jane’s CBD and Non-Intoxicating Hemp Products Remain Available

Under current federal law, Plain Jane’s Farm Bill–compliant CBD and hemp products continue to be legally sold and shipped where permitted. The expected marijuana rescheduling process does not affect this status.

4.2 Adjustments May Occur in 2026

When the new federal hemp rules take effect, some product formulas may require updates to comply with total THC calculations and serving-size thresholds. Plain Jane’s goal is to maintain accessibility while aligning with all federal requirements.

4.3 Increased Demand for Clear, Trustworthy Information

Major cannabis policy announcements often cause confusion. Consumers frequently seek:

  • Legal, compliant alternatives

  • Reliable educational resources

  • Transparent product testing

Plain Jane’s emphasis on clarity, lab testing, and consistent compliance positions the brand strongly as this regulatory landscape evolves.

4.4 Long-Term Market Opportunities

If marijuana is ultimately rescheduled, national retailers and mainstream wellness brands may expand interest in cannabinoid products. This shift could broaden the market for compliant hemp-derived CBD and non-intoxicating formulations.


5. Key Takeaways

  • Marijuana has not been rescheduled as of December 12th, 2025.

  • An executive order may begin the rescheduling process, but no immediate legal change occurs.

  • Hemp remains federally legal under the 2018 Farm Bill.

  • New federal hemp rules signed into law in November 2025 will significantly restrict intoxicating hemp-derived cannabinoids beginning in 2026.

  • Plain Jane’s compliant CBD and hemp products remain available under current rules.

  • Some products may require reformulation when the updated federal hemp standards take effect.

  • Plain Jane will continue prioritizing compliance, transparency, and accessible information for customers.



The national conversation around cannabis is shifting, but today’s legal reality remains clear: marijuana has not been rescheduled, and hemp remains federally legal. The most impactful development for the hemp industry is the new federal legislation set to take effect in 2026. Plain Jane is focused on adapting smoothly to these changes while continuing to offer compliant, trusted products.

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