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April 15, 2026

APRIL 2026 Hemp Law Updates: Don’t call it a comeback!

Keeping up with hemp and cannabis regulations is a full-time job. Whether you are an MSO operating in six states or an e-commerce brand trying to hit all 50, the legislative shifts over the last 30 to 60 days have been significant. From mid-March to mid-April 2026, we’ve seen major court victories and aggressive new prohibitionist moves.

Here is your regulatory breakdown for April 2026.

Texas: A Major Injunction Victory

The big news this month is out of Texas. Just as the state was set to implement rules that would have effectively killed the THCA flower market, the industry fought back.

  • The Lawsuit: The Texas Hemp Business Council filed suit against the DSHS to stop regulations that included a Total THC standard and massive licensing fee hikes.
  • The TRO: A court granted a Temporary Restraining Order (TRO), halting the implementation of these rules until at least April 23rd.
  • The Ruling: The court found that DSHS likely overstepped its authority by “creating law” rather than just making rules. For now, the status quo is preserved across the entire state.

Ohio: A Ray of Light in Sandusky County

Ohio’s hemp market recently went dark after a total ban, but a new lawsuit has created a small “ray of light”.

  • The Injunction: In Sandusky County, a judge issued a temporary injunction in a case filed by Cycling Frog.
  • The Grounds: The court found the ban likely violates the Dormant Commerce Clause by discriminating against out-of-state participants.
  • The Scope: This relief is currently limited to Sandusky County and the Fremont Police Department, but there is hope for a statewide application soon.

South Carolina: The Future “Blueprint”

South Carolina is moving quickly to pass SB 3924, which could reshape the industry in one of the Southeast’s last open markets.

  • Strict Standards: The bill bans all synthetics, moves to a Total THC standard, and limits non-beverage products to “CBD forward” only.
  • Hemp Beverages: It allows for low-milligram beverages (up to 5mg) but funnels them into the alcohol-style regulatory market.
  • Current Status: The bill passed the Senate with amendments and is heading back to the House. If it survives the conference committee, it heads to the Governor’s desk.

Virginia: Steep Penalties and Virtual Bans

Virginia continues a hard push toward prohibition with SB 542.

  • The 2mg Cap: The bill imposes a 2mg THC cap on entire packages and uses a “total THC” definition that includes all isomers (Delta-8, Delta-10, HHC, etc.).
  • Steep Fines: Failure to comply can result in fines up to $10,000 per day.
  • The Deadline: Today, April 13th, is the deadline for the Governor to sign or veto this bill.

North Carolina: The Short Session Begins

In my home state, the “gun is going off” as the legislative short session begins this month.

  • The Fight for Legalization: Governor Stein’s working group has recommended full medical and recreational legalization.
  • Regulation vs. Prohibition: We expect a flurry of bills, ranging from full cannabis legalization to a formal regulatory framework for hemp to protect business owners from recent unlawful law enforcement seizures.

FDA: A “Affirmative” Nudge on CBD

For the first time in years, the FDA issued a statement regarding CBD enforcement. While not “legalization,” the FDA signaled it would exercise enforcement discretion for certain CBD dietary supplements issued through government-approved programs. This narrow exception may finally encourage larger market participants who have stayed on the sidelines to enter the space.

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