A big change is headed for the U.S. hemp industry. On Nov. 19, 2025, President Donald Trump signed a federal spending bill with provisions related to hemp. Among other things, those provisions include rules intended to eliminate what many members of Congress call the "hemp loophole." The changes do not go into effect immediately. However, unless Congress amends them by the end of the year, it will likely create a seismic shift in the hemp industry in the United States starting in November 2026.

The critical fact about this development is that American hemp law is transitioning from a model based primarily on delta-9 THC to a strict total THC model (including THCA).

This is significant because THCA flower has emerged as one of the most contentious product types within the U.S. hemp marketplace. Technically, some of these flowers were classified as "hemp" since they contained less than .3% delta-9 THC prior to heat. Practically speaking, however, many of these flowers are highly concentrated with THCA - which is the acidic form of the substance that becomes psychoactive THC upon heat or combustion.

In summary: While a flower might be labeled as hemp, there may be little difference in how it functions from an intoxicating standpoint relative to high-THC cannabis when utilized by the consumer.

It may seem elementary to experienced cannabis users; however, many typical CBD customers would likely find it confusing.

The 2018 Farm Bill and the rise of THCA flower

The first U.S. hemp boom was created with the passage of the 2018 Farm Bill that established an official definition for hemp, where the delta-9 THC content does not exceed .3 percent based on the dried plant material. This definition confirmed to the public through an FDA statement that the removal of qualifying hemp from Schedule I of the U.S. Controlled Substances Act would leave all other authority regarding cannabis derived products in place under the Food & Drug Administration.

A wordplay, technically speaking, was included in this language.
Some growers developed plants that contained very little delta-9 THC but had extremely high amounts of THCA. Although THCA has the exact chemical formula as delta-9 THC, they are different molecules prior to being heated. However, the molecular structure will be altered with increased temperatures. The Canadian Food Inspection Agency states that most cannabinoids present within fresh cannabis exist primarily as their acid forms; THCA and CBDA are examples of these cannabinoid acids. In addition, the agency explains that decarboxylation — the conversion of acidic cannabinoids to their neutral counterparts — is catalyzed by three factors: heat, exposure to light and/or alkaline pH.

What is changing in 2026?

The new law redefines what constitutes "hemp" based on its THCA (Tetrahydrocannabinolic acid) content. According to legal analyses regarding this new provision; the U.S. government will assess hemp based on total THC (delta-9 THC plus THCA), not just delta-9 THC. This could cause significant problems because total THC can include all cannabinoids that produce a psychoactive response when ingested.
Also, the law provides a very tight limitation of .04mg per unit of any hemp derived cannabinoid product for use in humans or animals. This represents a significantly lower tolerance level than most current products being marketed through the American Hemp Industry.
In the case of THCA flower, the implications are somewhat obvious. Products containing large amounts of THCA may fall outside federal guidelines for "hemp", if THCA is included in the total amount of THC.
It would appear likely that the U.S. market for THCA rich hemp flower may contract drastically, until either the law is revised prior to taking effect.

CBD flower vs THCA flower: why the difference matters

The main concern with the U.S. CBD loophole was the confusion among customers.
Many individuals using the Internet to look up information about CBD flower did not want to buy an extremely potent, intoxicating marijuana experience. They just wanted something relaxing, aromatic and non-intoxicating; they wanted to purchase hemp flower with high levels of CBD, rather than a product that would become like THC after heating.

A major problem is the fact that hemp, CBD flower, THCA flower and cannabis flower were all being talked about in the same area.
To many new to this category, these terms can blend together.

Flowers are generally categorized into several types based on their chemotype:

• Type I: Flowers which contain either THC or THCA as the dominant compound

• Type II: Flowers containing both THC & CBD (Mixed)

• Type III: Hemp flowers that are primarily composed of CBD and have relatively little THC/THCA (Low-THC CBD-Dominant)

• Type IV: Typically CBG-dominant hemp flowers

True CBD Flower typically falls under Type III. This type of flower is bred to be primarily CBD-rich and very low in THC/THCA. However, high-THCA flower will have similar psychoactive properties to a Type I cannabis flower; despite its possible sale through the hemp marketplace.

It is the difference in types that impacts credibility.
When a person purchases CBD flower anticipating to receive calming results from the experience; but instead ends up getting a product that has some level of THC-like effects; they are likely to be unhappy with their experience. They may possibly end up feeling anxious, overwhelmed, un-easy or simply disappointed. In addition, they may end up discrediting "CBD flower" in general, when in reality the reason they had such an unpleasant experience was because they didn't actually obtain what they thought they were purchasing (i.e., true low-THC CBD flower).

Why the change may actually help CBD flower’s reputation

At HempElf, we believe consumers should have access to high quality Cannabis/Hemp Products. We realize some consumers feel overly restricted; however, there is a real consumer protection problem.

For years, the U.S. Loophole created an environment where products existed in a grey area. Some manufacturers were transparent about their products while others chose to create confusion. While some companies openly stated THC-A Flower & CBD Flowers were two completely separate products with different cannabinoid profiles and levels of intoxicating potential; other companies encouraged confusion.

This has harmed the overall CBD Flower Category. CBD Flower should NOT be evaluated or compared to high-THC Flower. Both are different products (different cannabinoid profile), different intent, and different risks associated with consumption.

New regulations from the U.S. may actually create a more understandable marketplace. Since high-THC Flower will no longer be able to be marketed as hemp products; consumers who are seeking CBD Flower will likely have fewer issues understanding the product they purchase.

What does this mean for UK CBD flower customers?

The main impact of this U.S. legislation for U.K. consumers is likely going to be that it will probably be much more difficult to obtain high-THCA hemp flower from the United States; but not that European CBD flower is no longer available.

This U.S. law does nothing to alter the existing European hemp market. Hemp has been grown in Europe since hemp was first introduced as a crop using low THC varieties. The European Commission reports that all hemp varieties grown with funding from the Common Agricultural Policy (CAP) must contain less than 0.3% THC, and that growers can only grow varieties that are listed in the EU's common catalogue of certified hemp seeds.

That makes an enormous difference. For many years while many U.S. companies focused on taking advantage of the THCA loophole, European producers and breeders had to improve their quality of growing low THC hemp. This includes improvement in both terpenes and structural aspects of flower, appearance, aroma, curing methods, and cannabinoid stability – all without relying on high levels of THCA. Therefore, Europe has been preparing for this eventuality for several years.

Why European CBD flower is well positioned

European growers of high-quality CBD flowers do not try to "pass" as THC-dominant products using language in compliance with EU law. Instead, they were created to be CBD dominant flowers from day one.

Thus, the quality of these European-grown CBD flowers must stem from the growing process, plant genetics and the care taken during post-harvest processing (drying & curing), not merely from how much THC is present.

To produce a quality CBD flower, European growers have had to concentrate on:

• The richness of their terpenes

• A clean, pleasant aroma and flavor

• The density and the neatness of trimming of each flower

• An attractive overall appearance

• Low-THC stable cannabinoid profile

• Careful drying and curing procedures

• Open lab testing

This is where Europe has developed an authentic edge.

You don't need high levels of THCA to get a premium experience out of your CBD flower. A great CBD flower will smell nice, look like it was carefully cultivated, provide significant amounts of CBD, and give you the even, balanced experience that most CBD consumers are really after.

Will America still produce CBD flower?

Yes, the united states can continue to grow cbd flower; however, it could be some time before the u.s. Hemp market adjusts to this reality.

U.s. Hemp producers invested most of their resources on developing and marketing THCA flower, delta-8 products and other intoxicating hemp-derived products. As such, many of these same producers will have to transition from creating those products back to growing the real type iii cbd flower. It’s not impossible to do this but it is a different skill set than the one they are currently using.

It's very difficult to grow premium low-thc cbd flower. You need genetics that remain compliant, cultivation techniques which bring out the plant's natural aroma and resin without exceeding thc levels, and consistent lab testing to prove the product profile.
The European hemp industry has been working within those same limits for years.

How to choose CBD flower after the US hemp law change

When you buy CBD flower, the first thing you need to worry about isn't where the flowers came from. The first thing you need to think about is transparency.

You want a vendor that will be clear on what they have. A good CBD flower vendor should be able to provide you information on if their CBD flower is CBD dominant. Additionally, you want them to provide you some type of documentation showing how much THCA is in your CBD flower. And most importantly, test results.

Be wary when vendors describe there products as "Legal THC", "THCA Hemp", "Super Strong Hemp" or "CBD Flower That Hits Like Weed". These terms all seem to imply that these products aren't intended for the typical CBD flower consumer.

HempElf’s approach to CBD flower

For years at HempElf, we have specialized in sourcing quality CBD flowers from Europe. With all of our products, we strive to provide you with low-THC hemp flowers that will give you a robust scent and appearance as well as a well-balanced experience; this is exactly what most CBD users expect when using a product containing CBD.

At HempElf, we do NOT try to sell THCA by calling it something else or confuse the public about the differences between CBD flower and high-THCA marijuana. We feel that customers should know what they are purchasing.

A lack of clear regulations within the U.S. hemp industry resulted in an abundance of confusion. On the other hand, the European CBD flower market has established a distinct way of creating compliant genetics, growing better cultivars, producing superior flavor profiles and establishing a more defined identity of CBD flower.

As the U.S. hemp market continues to evolve, we anticipate many U.S. customers will begin to understand what many European CBD flower consumers have known for some time now: low-THC CBD flower can also be premium.

Final thoughts

The upcoming U.S. Hemp Law changes will not just affect "CBD flower". Changes in this bill are actually aimed at stopping the sale of high-THCA (intoxicating) hemp products created as an end run around the 2018 Farm Bill loophole.

Some hemp business owners could face a significant disruption from these changes. However, for many of their consumers, the new laws could provide clarity.
CBD flower and THCA flower are two very different types of flowers. While CBD flower is made with low amounts of THC and CBD, THCA flower has the potential to act much more like high-THC cannabis when heated.

As far as UK and EU based CBD flower customers, the future of CBD flower isn't being wiped away. It's going to become a lot clearer, more transparent and more defined as to what CBD flower was supposed to be -- aromatic and well-grown hemp flowers that have no potency of high-THC cannabis.