Introduction
Buried in the November 2025 legislation that redefined hemp and set the November 12, 2026 product deadline is a requirement that has received far less industry attention than it deserves: the FDA has 90 days from enactment to publish three specific lists of cannabinoids.
Those three lists — of naturally occurring cannabinoids, THC-class cannabinoids, and cannabinoids with similar intoxicating effects to THC — will effectively determine which cannabinoids are lawful in hemp products and which are not. For hemp manufacturers formulating products with minor cannabinoids, novel compounds, or hemp-derived terpenes and isolates, these lists are not a regulatory footnote. They are a formulation roadmap.
Here is what hemp manufacturers need to understand about the FDA's cannabinoid list requirement and how it intersects with the November 12 compliance framework.
What the Law Requires FDA to Publish
The November 2025 legislation directs the FDA to publish three lists within 90 days of enactment:
List 1: Naturally Occurring Cannabinoids. A list of cannabinoids that occur naturally in the cannabis plant — compounds like CBD, CBG, CBN, CBC, CBDV, and others that are biosynthetically produced by the hemp plant without chemical modification.
List 2: THC-Class Cannabinoids. A list of cannabinoids that are classified as THC-class — compounds that share the structural or pharmacological characteristics that define the THC class. This list will clarify which cannabinoids beyond delta-9-THC are considered part of the "total THC" compliance calculation or otherwise restricted.
List 3: Similar-Effect Cannabinoids. A list of cannabinoids that produce effects similar to THC-class cannabinoids, even if they are not structurally identical. This is the list that will define the scope of the synthetic and semi-synthetic cannabinoid restrictions — targeting compounds like delta-8, HHC, and others that produce intoxication through pathways similar to THC.
Why These Lists Matter for Formulation
The three lists operationalize the November 12 framework in ways that the legislation itself does not fully specify. A cannabinoid that appears on List 2 or List 3 may be restricted regardless of its concentration. A cannabinoid that appears only on List 1 (naturally occurring) and not on Lists 2 or 3 may be lawful in hemp products above the 0.4mg/container threshold, because it is not classified as a THC-class or similar-effect compound.
For hemp formulators working with:
- CBN (cannabinol): Currently popular in sleep products, CBN's placement on the lists will determine whether it is subject to the intoxicating hemp restrictions. CBN is mildly sedating but not considered intoxicating in the way THC is.
- CBC (cannabichromene): Anti-inflammatory applications. CBC does not produce intoxication. Its list placement will determine its regulatory status.
- CBDV (cannabidivarin): Active in neurological research. Its list placement is not yet publicly defined.
- Delta-8 THC: Almost certainly on Lists 2 and 3 as a THC-class, similar-effect cannabinoid. Delta-8 was a primary target of the November 2025 legislation.
- HHC (hexahydrocannabinol): Also almost certainly restricted under Lists 2 and 3, as a semi-synthetic compound with THC-like effects.
The Enforcement Resource Question
The law gives FDA the authority to enforce against products containing restricted cannabinoids. The practical question is whether FDA has the resources to do so broadly. Legal analysis has noted that both FDA and DEA may lack the staffing and budget to pursue widespread enforcement against the thousands of hemp operators currently selling potentially non-compliant products.
But "FDA may not enforce broadly" is not a compliance strategy. Selective enforcement means some operators will face action — and the operators most likely to face scrutiny are those with the highest revenue, highest visibility, or products that receive consumer complaints. Compliant operators are not immune to enforcement, but they are substantially lower-risk targets.
What to Watch For
The 90-day deadline from enactment of the November 2025 legislation means the FDA cannabinoid lists should have been published by late February or early March 2026. Whether FDA has met that deadline and published the lists — or whether the publication has been delayed — is something hemp manufacturers should be actively monitoring.
If the lists have been published, every hemp formulator should review them immediately to confirm the status of every cannabinoid in their product formulations. If the lists have not been published on schedule, that creates its own compliance uncertainty that manufacturers should flag in their documentation.
Low Gravity Hemp Perspective
We track FDA regulatory developments closely on behalf of our B2B customers, and the cannabinoid classification lists are at the top of our monitoring list. Our ingredient portfolio is built around naturally occurring cannabinoids — CBD, CBG, CBN, CBC — that are biosynthetically produced by the hemp plant, and we expect all of them to appear on List 1 (naturally occurring) with the majority not appearing on Lists 2 or 3.
As the lists are published, we'll communicate directly with our customers about any implications for ingredient formulations and specifications. Regulatory clarity, even when the news is not entirely favorable, is ultimately better for the market than regulatory ambiguity.
Final Thoughts
The FDA's cannabinoid lists are one of the most practically important regulatory documents that hemp manufacturers will see in 2026 — and one of the least-discussed. Understanding which cannabinoids fall into which classification will be essential for formulation decisions, ingredient sourcing, and compliance documentation in the months ahead.
👉 Visit lowgravityhemp.com for the latest regulatory updates and to explore our naturally occurring cannabinoid ingredient portfolio.
