Roughly 21% of adults 50 and older used cannabis containing THC (tetrahydrocannabinol, the main psychoactive compound in the cannabis plant), according to the University of Michigan’s 2024 National Poll on Healthy Aging.
Among them, 68% said they used it for sleep and 63% for pain relief.
Plenty of those products never came from a dispensary. Since the 2018 farm bill, gummies, tinctures and drinks made from hemp have been sold widely, online and in convenience stores, as long as they stayed under a 0.3% limit on delta-9 THC.
That arrangement is ending. A law Congress passed in November 2025 rewrites the federal definition of hemp, and most of it takes effect Dec. 11, after lawmakers pushed the start back from Nov. 12.
Two dates, two changes
The first deadline is the narrower one. On Nov. 12, products containing cannabinoids that the cannabis plant cannot produce naturally lose their status as hemp and are treated as marijuana under the Controlled Substances Act, according to a September Congressional Research Service analysis.
The bigger change arrives Dec. 11. From that date, hemp is measured by total THC, which counts THCA (tetrahydrocannabinolic acid, a non-intoxicating cannabinoid) along with delta-9 THC.
Finished products with more than 0.4 milligrams of total THC and similar cannabinoids per container no longer qualify. Cannabinoids synthesized outside the plant are excluded too, even when they match ones the plant makes on its own.
Why CBD is not automatically in the clear
CBD itself is generally not considered psychoactive, the CRS notes. The question is what comes with it.
Many full-spectrum CBD products contain trace amounts of THC, and whether a given product tops 0.4 milligrams per container depends on how it is formulated and how the limit is applied, attorneys at the Hemp Law Group explain.
The cap covers the whole container, not a single serving. A small amount of THC in each dropper or gummy can add up past the limit in a large bottle or a 60-count jar.
Some key guidance is still missing. Congress directed the FDA to publish lists of cannabinoids and more detail on what counts as a container. As of mid-October, the agency had not done so.
Read the lab report before you buy
Reputable sellers post a certificate of analysis, an independent lab report showing what a batch contains. Find the total THC figure, note whether it is listed per serving or per package, and do the math for the full container.
A product marketed as THC-free should back that up with a result showing none detected.
If you buy CBD on a subscription, review it now. A recurring order placed before Dec. 11 may not contain the same product afterward, or may stop altogether.
Stocking up has its own risks
Buying months of supply before the deadline may look like a hedge. It also means paying up front for products whose legal footing is unsettled.
The CRS said it is unclear if and how federal agencies will enforce the new limits, and several bills would delay or undo the change.
Two of them, H.R. 7024 and S. 3686, would push the effective date to Nov. 12, 2028, while H.R. 6209 would restore the 2018 definition. None have cleared committee as of Oct. 19.
State rules can be stricter than federal ones and may already apply, so check with your state agriculture or health department. In states that allow recreational or medical marijuana, licensed dispensaries sell regulated THC products, often with added state taxes.
Bring your doctor into it
Whatever you buy, tell the person who manages your prescriptions. The FDA warns that CBD can cause liver injury and can change how other medications work. In the Michigan poll, only 56% of monthly cannabis users had talked with their regular health care provider about it.
Some Medicare enrollees qualify for a free review of everything they take through their drug plan, which is a natural place to mention a nightly gummy.
Heart health is worth raising as well. A recent study linked recreational legalization in the Western U.S. to faster growth in hospitalizations for heart failure and heart attacks, though the researchers could not show that legalization caused it.
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