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CBD rules in 2026

FDA's position on CBD has not changed since 2024. The federal definition of hemp changes in November 2026. Here is what each says, from the source.

0.3%
Delta-9 THC limit today, dry weight
0.4mg
Total THC cap per container

7 U.S.C. 1639o and the 2025 amendment, read Oct 2, 2026. See source

A bathroom shelf with folded towels and plain unlabeled bottles.
On this page
  1. What FDA says
  2. The federal hemp definition, before and after
  3. What it means for a topical you buy
  4. THC-free topicals
  5. Sources

What FDA says

FDA has approved one drug containing CBD, a prescription medicine, and states that there are no other approved drug products containing CBD1.

CBD cannot be sold as a dietary supplement: FDA has concluded that THC and CBD products are excluded from the dietary supplement definition1.

For products applied to the skin, FDA explains that cosmetics and their ingredients do not need premarket approval, except most color additives. But a topical product marketed with claims about the body's structure or function, or about disease, is regulated as a drug1. That is why this site describes topicals only by their contents and never by what they might do.

The federal hemp definition, before and after

RuleUntil the amendment takes effectFrom November 12, 2026
What is measured2Delta-9 THCTotal THC, including THCA
Plant and extract limit2Not more than 0.3 percent, dry weightNot more than 0.3 percent total THC, dry weight
Finished consumer products2No separate per-container limitExcluded from hemp if more than 0.4 milligrams combined THC (and similar cannabinoids) per container
Topicals2Covered by the general definitionExpressly included: hemp-derived cannabinoid products include topical application
Source7 U.S.C. 1639o (Cornell LII)Read Oct 2, 20262025 amendment notes (Cornell LII)Read Oct 2, 2026

The amendment takes effect 365 days after November 12, 2025. HHS is to list cannabinoids with THC-like effects.

What it means for a topical you buy

The 0.4 milligram limit is per container, not per gram. Medterra, for example, says its full spectrum products contain 2mg to 5mg of THC each, while its isolate and broad spectrum products are THC-free3. Under the amended definition, a finished product with more than 0.4mg of THC per container is no longer hemp2; how retailers respond is up to them.

This is why CalmLeaf Guide lists only products the merchant describes as THC-free. A product described as THC-free still has a lab report: check the total THC result on the certificate for your batch. See reading a CBD lab report.

State laws on CBD differ and are changing alongside the federal rule. This guide covers federal law only and is not legal advice.

THC-free topicals

How these links work: each button opens the merchant's own product page. We are not paid for these links today; we may earn a commission from purchases in the future.

Good for its spectrum definitions and batch certificates

Medterra

Listed price
$42.49, one-time purchase
Checked
Oct 2, 2026
Check prices on MedterraOpens Medterra's site. Not a referral link.

Good for THC-free creams with a QR-linked lab report

Joy Organics

Listed price
$49.95, one-time purchase
Checked
Oct 2, 2026
Check prices on Joy OrganicsOpens Joy Organics's site. Not a referral link.

Good for broad spectrum and isolate topicals

CBDfx

Listed price
$49.99 (1000mg), one-time purchase
Checked
Oct 2, 2026
Check prices on CBDfxOpens CBDfx's site. Not a referral link.

Sources

  1. FDA regulation of cannabis and cannabis-derived products, including CBD (Q&A)U.S. Food and Drug Administration, read Oct 2, 2026
  2. 7 U.S. Code 1639o, definitions (with the 2025 amendment)Legal Information Institute, Cornell Law School, read Oct 2, 2026
  3. CBD spectrum explainedMedterra, read Oct 2, 2026

About this page

We do not earn anything from purchases today. Every product link is a plain link to the merchant's own page, without an affiliate code. We may join merchants' affiliate programs in the future, and this notice will say so before that changes.

Prices, sizes, shipping and lab reports belong to each merchant and can change. The merchant's own page is the final word on price, availability and terms.

CalmLeaf Guide covers topical, THC-free CBD only and makes no health claims. Nothing here is medical or legal advice. Ask a doctor or pharmacist before using CBD with other medicines.