U.S. regulatory education for customers and professionals
A product’s legal status can depend on the date, cannabinoid profile, formula, intended use, claims, package size, destination state, customer age, sales channel and shipping method. Federal hemp status is only one part of that analysis.
Federal law
The current rule, the November transition, the broader December change and marijuana scheduling are distinct. They should not be blended into one “2026 law.”
Through November 11, 2026
Cannabis material and derivatives that themselves contain no more than 0.3% delta-9 THC on a dry-weight basis generally fall within the federal hemp definition and are generally excluded from the federal definition of marijuana. FDA and state rules still apply.
November 12–December 10, 2026
During this interval, the new exclusions apply only to specified intermediate and final products containing cannabinoids that are not capable of being naturally produced by Cannabis sativa L. The general 0.4 mg final-product rule is not yet broadly operative.
Beginning December 11, 2026, absent another law
The remaining amendments are scheduled to apply, including total THC/THCA rules, manufacturing and intermediate-product exclusions and a final-product threshold measured per innermost direct-contact retail container.
Since April 28, 2026
Marijuana, marijuana extract and naturally derived delta-9 THC fall in Schedule III only when within an FDA-approved product or qualifying state-medical-license activity, with required DEA registration and other federal controls. Other marijuana remains Schedule I.
For a covered final hemp-derived cannabinoid product, the federal exclusion is triggered at greater than 0.4 milligrams combined total per container of total tetrahydrocannabinols, including THCA, plus any other cannabinoid that HHS determines has—or is marketed to have—effects similar to a tetrahydrocannabinol.
Hemp and marijuana
The current federal hemp definition is not merely a source-plant test. The cannabis-derived material or product itself must meet the applicable threshold. A compliant crop does not protect a derivative that exceeds the threshold, and a compliant final result does not retroactively legalize unlawful marijuana sourcing, possession, processing or a noncompliant intermediate.
State adult-use or medical-marijuana legalization also does not create a nationwide right to sell, ship or carry marijuana across state lines. The 2026 Schedule III rule is narrow and still requires the applicable federal registrations and controls.
Product form
“Topical” describes how something is used; “internal” is not one federal legal category. Intended use, ingredients, claims, presentation and customer population determine the applicable framework.
| Product form | Federal posture | Practical rule |
|---|---|---|
| Cosmetic topical | Potentially marketable if the material meets controlled-substance rules and the cosmetic is safe, properly labeled, not adulterated or misbranded and compliant with applicable cosmetic requirements. | Use cosmetic-only claims and maintain formula, safety, label and batch documentation. |
| Pain, inflammation, acne, eczema or other therapeutic topical | These claims can make a product a drug. An ordinary CBD cosmetic has no general unapproved-drug safe harbor. | A disclaimer does not cure drug claims elsewhere in names, labels, webpages, ads, testimonials or training. |
| Sunscreen, acne-treatment or external-analgesic topical | OTC drug requirements may apply to the entire product presentation, including active ingredients, testing, Drug Facts, warnings, registration and listing. | CBD is not automatically an authorized OTC active ingredient. |
| Human food or beverage with added CBD or THC | FDA states that introducing ordinary food with added CBD or THC into interstate commerce is prohibited, absent an applicable statutory exception. | Hemp-seed ingredient history does not create permission for added CBD. |
| Dietary supplement | FDA states that CBD and THC products generally fall within the prior-drug exclusion and has not issued a general exception. | Do not assume a Supplement Facts label makes CBD lawful. |
| Pet food, treat or animal ingestible | FDA identifies no ordinary CBD/THC food-additive or GRAS pathway for interstate animal food. Therapeutic claims can also create an animal-drug issue. | State feed and animal-remedy rules can be stricter. |
| Inhalable or vape | There is no blanket federal hemp permission; state bans, hardware rules, carrier rules and platform restrictions frequently apply. | Treat as a high-risk, product-specific category. |
Cannabinoid terminology
A highly purified CBD ingredient. The term does not prove literal zero THC, lawful origin or processing, contaminant control, FDA authorization, state permission or platform approval.
A marketing term generally used for multiple constituents with THC removed or reduced. It has no uniform federal legal definition, and “non-detect” does not mean mathematical zero.
A marketing term commonly used for multiple plant constituents, including some THC. A current percentage result does not establish compliance with the future combined-total-per-container rule.
A certificate of analysis is evidence for the exact product or material, report date, lot, test panel and package it identifies. It is not a universal authorization certificate.
State and local law
States can apply different THC metrics, product caps, permitted forms, age limits, registrations, testing panels, labels, QR codes, packaging rules, seller-location requirements, online-sale rules and animal-product restrictions. Local law can add another layer.
The examples below correct common oversimplifications; they are not a complete state-law checklist or permission to sell a particular SKU.
Since January 1, 2026, California’s hemp route permits only THC- and synthetic-cannabinoid-free raw extract in foods, beverages and supplements, with a COA showing CBD or CBN above 99% of the tested chromatographic peaks. Finished human ingestibles must have no detectable total THC, are 21+ and may contain no more than five servings per package. Qualifying topically applied cosmetics follow a different THC rule. Registration and product-specific requirements still apply. California guidance ↗
Georgia does not use a blanket 0.2% rule for ordinary consumable hemp. Consumable hemp must remain at the lesser of 0.3% total delta-9 THC or the applicable federal limit. Its current framework includes retail licensing, 21+ sales, finished-product COAs, labeling/QR access, warnings and packaging controls, with some product forms prohibited. Georgia guidance ↗
Indiana prohibits smokable hemp, but its tobacco-certificate and 21+ rules do not automatically attach to every ordinary CBD product. Low-THC hemp extract follows separate delta-9 THC, laboratory and QR-code labeling requirements. This is not affirmative authorization for every CBD food, supplement or vape. Current Indiana Code ↗
Iowa operates a registered consumable-hemp market; it is not limited to medical dispensaries. Current limits include no more than 0.3% total THC, 4 mg THC per serving and 10 mg per container. Inhalable and animal-marketed products are prohibited, and online/out-of-state sellers are included in registration requirements. Iowa guidance ↗
Montana bars general consumer sale of a hemp product intended for consumption, smoking, vaping or another method of administration if it contains any total delta-9 THC, unless it is FDA-authorized as food or a drug. Ordinary full-spectrum products with detectable THC therefore are not a general-retail safe harbor. Montana statute ↗
Nebraska does not classify all CBD as marijuana. Its statute says qualifying hemp is an agricultural commodity and is not a controlled substance under the state Uniform Controlled Substances Act. Finished-product and intended-use rules remain separate. Nebraska statute ↗
South Dakota does not categorically ban hemp gummies, tinctures or smokable products: its former smoking/inhalation ban was repealed in 2023. That is not affirmative food or vape authorization. A product must independently satisfy the applicable product law, remain at or below the current 0.3% total-delta-9-THC-after-decarboxylation limit and contain no prohibited chemically derived cannabinoid. Revised definitions take effect January 1, 2027. 2023 enacted text ↗
Texas consumable-hemp sales are 21+ and require the applicable license or registration, testing, labeling and child-resistant packaging. In-state manufacture, processing or white-labeling of smokable hemp is prohibited, while compliant products manufactured outside Texas may be sold by registered or licensed sellers. Registration does not legalize health claims. Texas guidance ↗
Wisconsin is not an in-state-only hemp market: state law permits lawful hemp import, export, processing, transport and sale to the extent federal law allows. USDA has licensed growers since January 1, 2022, and processors no longer need a Wisconsin hemp license. Those rules do not independently authorize CBD foods, supplements or pet treats. Wisconsin statute ↗
For every other jurisdiction: do not infer permission from silence or from the federal hemp definition. Review the exact topical, ingestible, inhalable or animal SKU against the destination’s current statutes, regulations, agency guidance and local rules before sale or shipment.
Adult-use and medical programs differ across all 50 states and D.C. Some states operate licensed adult-use markets; others permit only medical use, limited low-THC products, possession without retail, or no comprehensive program. A state license or patient authorization is not permission to transport marijuana across state lines, and adult-use-only marijuana remains outside the narrow federal Schedule III categories described above.
For retailers and professionals
The public-policy summary below is not an approval of any Color Up account, product or campaign. Written account-level approval and current policy review are still required.
| Channel | Public-policy posture | Operating rule |
|---|---|---|
| Google Ads ↗ | Narrow certified pathway for qualifying topical hemp-derived CBD at no more than 0.3% THC, with approved targeting currently limited to California, Colorado and Puerto Rico. | LegitScript and Google approval are required; ingestibles, pet CBD, vapes, marijuana and other out-of-scope items are not covered. |
| Google Merchant Center ↗ | CBD appears on Google’s list of products not allowed in Shopping ads and free listings. | The Google Ads topical pathway does not create Merchant Center eligibility. |
| Meta paid ads ↗ | LegitScript describes a potential path for certified CBD products and websites on select Meta platforms. Certification alone is not permission. | Obtain current Meta account-level approval. LegitScript’s current ineligible examples include ingestible CBD, tinctures, supplements, pet CBD and vapes. |
| Shopify & Shopify Payments ↗ | Eligible stores may use Shopify for hosting, but Shopify Payments does not support hemp, CBD or THC products. | Use only a compatible third-party processor that has approved the exact business and catalog in writing. |
| Square ↗ | Square’s current public materials conflict: its developer pricing page says Square processes U.S. CBD payments, while a Square Community Team response ↗ says the CBD program is winding down and cites the earlier November 12 federal date. | Do not rely on either page alone. Obtain fresh written account-level approval, product scope and cutoff information directly from Square. |
| Klaviyo SMS/MMS ↗ | Klaviyo’s U.S. SMS/MMS guidance expressly lists CBD, THC and marijuana/cannabis as prohibited content. | Email is a separate channel; do not assume SMS permission from email account status. |
| UPS ↗ | UPS requires a dedicated account, licenses, a signed agreement and Adult Signature Required service for U.S. hemp/hemp-derivative shipments, subject to all applicable law. | Carrier acceptance is not proof of destination-state legality. |
Color Up’s approach
Color Up is conducting a SKU-by-SKU review against current federal and destination-state requirements. Product documentation is available where a current certificate of analysis matching the formula, product, size and batch is posted.
No statement on this page establishes that every Color Up product may be sold, shipped, advertised or used in every jurisdiction.
Review product documentation Ask about a product or batchCommon questions
Qualifying hemp material can be outside the federal definition of marijuana, but that is not the same as authorization to market every finished product. FDA food, supplement, cosmetic, drug, animal-product, safety, labeling and claims rules remain separate.
No responsible company can make that statement categorically without reviewing the exact formula, claims, package, batch, customer, sales method and destination. State and local requirements differ and change.
Not by itself. These terms are not uniform federal legal definitions. A laboratory non-detect means an analyte was below that method’s reporting or detection limit; it does not ordinarily prove literal zero.
No. The April 2026 federal rule covers narrow FDA-approved and qualifying state-medical-license categories subject to DEA controls. Marijuana outside those categories, including adult-use-only and unlicensed bulk material, remains Schedule I.
A matching COA is important evidence, but only for the product or material, lot, date, panel and methods shown. It does not prove FDA authorization, lawful claims, destination-state permission or platform approval.
Travel involves the laws at departure, transit and destination, plus carrier and security rules. Do not treat product labeling, a COA or domestic hemp status as automatic permission—especially for international travel.
Confirm the current formula, spectrum specification, size, package, batch COA, claims, destination-state requirements, age gate, seller registration, processor approval, advertising permission and carrier agreement for each SKU.
Send the product name, size and batch or lot information if available. We can help locate the matching record; we cannot provide personal legal or medical advice.
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