Top Issues in the Cannabis Industry for 2026: Banking, Hemp Redefinition, and Market Contraction

Source: https://www.afslaw.com/perspectives/alerts/top-issues-the-cannabis-industry-2026

Overview

Legal analysis lays out how the new hemp law converts the 2018 Farm Bill ‘patchwork loophole’ into a clear federal prohibition framework. Delta-8, delta-10, THCA flower, HHC, and THCP will all fall outside ‘hemp’ and be treated as Schedule I. Major banks remain on the sidelines—rescheduling to Schedule III doesn’t equal legalization. SAFER Banking Act remains the clearest path to banking reform. Market tightening expected well before Nov deadline.

Clinical Perspective

✨ THE NEW HEMP PROHIBITION FRAMEWORK

Legal experts just mapped out what happens after November 2026. It’s sweeping.

💊 Delta-8 THC → Schedule I controlled substance

💊 Delta-10 THC → Schedule I

💊 THCA flower → Schedule I

💊 HHC, THCP → Schedule I

⚖️ Major banks won’t follow rescheduling

🔹 Payment processors already tightening

🔹 Supply chains recalibrating NOW

Congress has converted a ‘patchwork loophole’ into a clear federal prohibition. The SAFER Banking Act remains the only path to industry-wide banking reform.

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