Housing Hemp / Sunsetting inventory
After its federal date, a product that no longer meets the definition of hemp becomes a Schedule I controlled substance. Before that date, it is still hemp, and the question is whether anyone can lawfully take it off your hands. We checked every state.
Pick your state. The rest of this page fills in for your situation.
We show what your state allows, and whether licensed buyers in your state can take inventory from businesses elsewhere.
Lab-converted cannabinoids such as Delta-8, Delta-10, HHC, THC-O and THCP leave the definition of hemp. This date did not move.
Plant-derived products over the upper limit of 0.4 mg of total THC per container, with THCA counted, leave the definition.
Sources:
No state creates a clean way for a retail shop to sell inventory that is losing hemp status to a licensed buyer somewhere else. The recovery that is available comes from these.
Lawful before the product's date, if the destination state allows possession and the carrier will take it. Read your distributor agreements now for return, buyback or change-of-law terms. After the date, a return is an interstate transfer of a controlled substance.
Over-limit plant material and distillate can be processed by a licensed processor into isolate or THC-remediated broad-spectrum CBD. This is for bulk material sent before the date, not packaged retail goods, and some states require destruction instead.
In-state retail under your state's current rules is the most reliable outlet until your date. Plan the inventory cycle around the federal deadline, not the season.
Render it unusable and keep chain-of-custody records. In Florida, follow the Florida Department of Agriculture and Consumer Services' hemp waste guidance under section 581.217, Florida Statutes.
Into any state's licensed cannabis supply chain. Colorado, Washington, Missouri, California and Michigan expressly prohibit outside hemp or THC entering the regulated market, and Colorado's regulator announced a crackdown in April 2026. Penalties run from product embargo to license loss and referral to law enforcement.
Even a lawful transfer needs a carrier willing to move it. Their rules measure delta-9 THC, not total THC, and they have tightened through 2026.
| Carrier | Hemp rule | What that means for sunsetting stock |
|---|---|---|
| USPS | Domestic hemp mailings allowed under Publication 52 only at or below 0.3% delta-9 THC, with lab results and licenses kept for two years after mailing. | THCA flower and Delta-8 sold to intoxicate are enforcement targets even under 0.3% delta-9. |
| UPS | Pre-approved shippers only: dedicated account, licenses on file, signed hemp agreement, adult signature required. Raw hemp only under contract with a Certificate of Analysis. | A retail shop without an existing hemp shipping agreement cannot open one in time. |
| FedEx | Hemp-derived CBD at or below 0.3% THC only. No cannabis or THC products; THCA flower is not clearly authorized. | Ingestible over-limit products will not move. |
| Any carrier, vapes | The PACT Act bars shipping vaping devices to consumers through USPS, UPS, FedEx and DHL. Business-to-business only between registered participants. | Vape inventory cannot be mailed to a buyer at all. |
| Any carrier, marijuana | Never mailable. The April 2026 move of state-licensed medical marijuana to Schedule III did not change this. | After its date, your product is in this row. |
No. Section 781 of Public Law 119-37 sets effective dates and gives retailers no grace period afterwards. Any window comes from state law or your own supply contracts. A handful of states wrote one in for their own licensees, and none of them opened a door for inventory from another state.
Yes, if it meets the current definition. The 2018 Farm Bill bars states from blocking the transport of compliant hemp through their territory. It does not make a sale lawful in a state that bans the product, and states keep full authority over sale and possession inside their borders.
On April 28th, 2026, marijuana under a state medical license and in FDA-approved drugs moved to Schedule III. Adult-use marijuana stayed in Schedule I, and a hearing on broader rescheduling ran from June 29th to July 15th, 2026 with no final rule yet. The order did not authorize interstate commerce, which still requires an act of Congress, and card networks did not change their rules.
Bills exist and none has passed. The Cannabinoid Safety and Regulation Act (S. 3474) would allow 5 mg of THC per serving and expressly permit interstate commerce while letting states ban sales. The Hemp Safety Enforcement Act (S. 4315) and the Lawful Hemp Protection Act (H.R. 9830) contain similar interstate language. All remain in committee, and the White House has said it will not seek a further delay.
Section 280E of the Internal Revenue Code denies deductions to a business trafficking in a Schedule I controlled substance. Whether unsold inventory is a clean write-off is not obvious once it changes status. Ask a certified public accountant who knows the industry before your date, not at filing.
The free checker on the main page reads a product description, a label photo or a catalog and tells you whether November 12th, December 11th or no date applies. Start there before you decide what to move.
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