Certificates of analysis
Third-party lab results for every SKU, showing total THC on a dry-weight basis and per container.
Payments High-risk industries CBD and hemp
HIGH-RISK GUIDE / CBD AND HEMP
CBD and hemp processing before Dec 11.
Federal law redefines hemp on a two-step timeline: only products with cannabinoids the plant is not capable of naturally producing lose hemp status on November 12, 2026. The 0.4 mg per-container cap on combined total THC and cannabinoids with similar effects, the treatment of naturally occurring cannabinoids synthesized or manufactured outside the plant, and the other definition changes take effect December 11, 2026. Products over those limits become marijuana under federal law, and processors are re-reviewing CBD portfolios SKU by SKU. Merchants who can show compliant certificates of analysis for every product are the ones keeping their accounts.
WHY IT IS HIGH RISK
Why processors flag CBD and hemp businesses.
- Federal legal status depends on product chemistry that changes by SKU and batch.
- Many full-spectrum CBD products exceed 0.4 mg per container of combined total THC and similar-effect cannabinoids and fall outside the new definition.
- State rules on hemp-derived cannabinoids differ and change frequently.
- Card networks and banks treat cannabis-adjacent activity as a high-integrity risk category.
WHAT UNDERWRITERS REVIEW
What an underwriter will ask you for.
Product catalog
A full SKU list matched to COAs, with cannabinoids the plant cannot naturally produce, and naturally occurring cannabinoids synthesized or manufactured outside the plant, flagged separately.
Shipping footprint
Which states you ship to and how you block restricted states.
Claims and labeling
No disease or treatment claims; accurate labels and age gating where required.
RULES THAT APPLY NOW
The hemp timeline, step by step.
| Date / state | What happens |
|---|---|
| Nov 12, 2025 | Public Law 119-37 enacted. Redefines hemp by total THC (including THCA and delta-8) at 0.3% dry weight and caps finished products at 0.4 mg per container of combined total THC and cannabinoids with similar effects. |
| Sep 2, 2026 | H.R. 6500 signed. Moves most of the new restrictions from Nov 12 to Dec 11, 2026. |
| Nov 12, 2026 | Only products containing cannabinoids that are not capable of being naturally produced by the cannabis plant lose federal hemp status. |
| Dec 11, 2026 | The 0.4 mg per-container cap on combined total THC and similar-effect cannabinoids, the exclusion of naturally occurring cannabinoids synthesized or manufactured outside the plant, and the other definition changes take effect. Non-compliant products are treated as marijuana under the Controlled Substances Act. |
| Pending | H.R. 7024 / S. 3686 (delay to Nov 12, 2028) and H.R. 6209 (repeal) had not advanced past committee as of Oct 19, 2026. The FDA had not yet published its required cannabinoid lists or 'container' guidance. |
Until these dates, the 2018 Farm Bill definition remains the operative federal standard. Industry estimates cited by Frier Levitt suggest 90% or more of non-intoxicating full-spectrum CBD products would fall outside the amended definition because of the 0.4 mg cap. CBD isolate products with no detectable THC are in a stronger position, but you still need the lab evidence.
CARD-NETWORK RULES / CURRENT AS OF OCT 2026
Card-network thresholds every high-risk merchant should track.
Most processors act well before these limits. Track your own ratios weekly.
| Program | What triggers it | What it means for you |
|---|---|---|
| Visa VAMP (merchant "Excessive") | From April 1, 2026 in Asia Pacific, Canada, Europe and the US: a VAMP ratio of 150 basis points (1.5%) or higher AND at least 1,500 fraud plus dispute counts in the month. The VAMP ratio is fraud reports (TC40) plus disputes (TC15) divided by settled card-not-present transactions, by count. It is not a simple chargeback ratio. Other regions and earlier periods differ. | Per-event fees once enforced, a remediation plan, and pressure from your acquirer to fix it or exit. |
| Mastercard ECP: Excessive Chargeback Merchant | Chargeback ratio of 1.5% or higher and at least 100 chargebacks in a month, in two months (not necessarily consecutive). Ratio = this month's chargebacks ÷ last month's transactions. | Monthly fines that escalate from $1,000 in month two to $25,000 by month seven. |
| Mastercard ECP: High Excessive | Chargeback ratio of 3% or higher and at least 300 chargebacks. | Fines that escalate to $50,000 a month by month seven and $200,000 after month 19. |
| MATCH list (Mastercard) | Your acquirer terminates the account for a listed reason, such as excessive chargebacks, fraud or rule violations. | The listing stays for five years and most acquirers will decline a listed business or principal. |
WHAT TO EXPECT
Terms high-risk merchants are commonly offered.
Owner-confirmed Rebar field observations. These ranges are not guaranteed and are not quotes; every offer depends on the provider's underwriting and your file.
| Term | What it usually looks like | How to improve it |
|---|---|---|
| Rolling reserve | A share of each day's volume held for a set period. Owner-confirmed Rebar field observation: new high-risk accounts commonly see 5% to 10% held for 90 to 180 days. Not guaranteed; depends on underwriting. | Ask for a written step-down schedule tied to clean processing history. |
| Pricing | Higher markups than standard merchants. Interchange-plus pricing becomes available as volume and history grow. | Compare effective rate, not headline rate. Use our statement analyzer. |
| Volume caps | A monthly processing limit, often set below your forecast for the first months. | Bring 3 to 6 months of statements to support a higher cap. |
| Contract terms | Early-termination fees and, sometimes, liquidated damages. | Read the termination and reserve-release clauses before you sign. |
AVOID THESE
What gets CBD and hemp accounts frozen or closed.
- Selling any SKU over 0.4 mg per container of combined total THC and similar-effect cannabinoids after December 11, 2026.
- Selling products with cannabinoids the plant cannot naturally produce after November 12, 2026, or naturally occurring cannabinoids synthesized or manufactured outside the plant after December 11, 2026.
- Missing or outdated certificates of analysis during a portfolio review.
- Shipping to states that restrict your products.
- Disease or treatment claims on product pages.
READINESS CHECKLIST
Get underwriting-ready in 7 steps.
- 01
Pull a current, third-party COA for every SKU and calculate combined total THC and similar-effect cannabinoids per container.
- 02
Pull any product containing cannabinoids the plant cannot naturally produce before November 12, 2026.
- 03
Reformulate, relabel or discontinue SKUs above the 0.4 mg combined per-container cap, or containing naturally occurring cannabinoids synthesized or manufactured outside the plant, before December 11, 2026.
- 04
Map shipping restrictions by state and enforce them at checkout.
- 05
Remove disease, treatment and cure claims from product pages and ads.
- 06
Ask your processor in writing whether they will continue supporting your catalog after December 11.
- 07
Have a backup processor reviewed and approved before you need it.
QUESTIONS
CBD and hemp processing questions, answered.
Is CBD still legal to sell online after the hemp ban?
It depends on the product. After December 11, 2026, hemp-derived products must contain no more than 0.4 mg per container of combined total THC and cannabinoids with similar effects, and cannot contain cannabinoids the plant cannot naturally produce or naturally occurring cannabinoids synthesized or manufactured outside the plant. CBD isolate products with no detectable THC can remain hemp; many full-spectrum products will not. Confirm your products with lab results and counsel.
When does the 0.4 mg per-container limit take effect?
December 11, 2026. It was originally November 12, 2026, but H.R. 6500, signed September 2, 2026, delayed most of the new restrictions by 30 days. The cap covers combined total THC and cannabinoids with similar effects, not total THC alone. Only the exclusion for cannabinoids the plant is not capable of naturally producing takes effect November 12, 2026; naturally occurring cannabinoids synthesized or manufactured outside the plant are addressed by the changes that start December 11, 2026.
Will my CBD merchant account be shut down?
Processors are reviewing CBD portfolios ahead of the deadlines. Merchants with compliant COAs for every SKU, clean chargeback history and accurate claims are most likely to keep their accounts. If your catalog includes products over the new limits, expect your processor to require changes or close the account.
Do I need LegitScript CBD certification?
Some acquirers and ad platforms require or prefer it. LegitScript runs a separate CBD certification program. It does not override federal law: a certified merchant still cannot sell products outside the amended hemp definition.
What about delta-8 and THCA products?
Both count toward the new total-THC standard. Delta-8 made by converting CBD is a naturally occurring cannabinoid manufactured outside the plant, which the definition changes starting December 11, 2026 address. Expect most processors to stop supporting delta-8 and high-THCA products.
NO REBAR ADVISORY FEES
Get a free pre-underwriting review for your CBD and hemp business.
Tell us where you stand. We will flag what an underwriter is likely to question and suggest suitable processing options. Rebar charges no advisory fee; provider fees and terms apply.
SOURCES AND REVIEW
Where these facts come from.
These summaries come from the provided source dataset listed below and have not been independently verified by Rebar. Rules and enforcement change. We review this page at least quarterly and date every update. Confirm current requirements with your acquirer, card network rules and counsel before acting.
- Congressional Research Service, In Focus IF13136 (updated Sep 28, 2026) · Primary source: Nov 12, 2026 exclusion limited to cannabinoids not capable of being naturally produced; other changes delayed to Dec 11, 2026; combined 0.4 mg per-container cap
- Federal Hemp Ban 2026: Where Things Stand (Hemp Law Group, current as of Oct 19, 2026) · Nov 12 and Dec 11, 2026 dates; H.R. 6500 signed Sep 2, 2026; pending bills
- House passes resolution delaying most hemp-definition restrictions (Fox Rothschild, Sep 2026) · Scope of the 30-day delay
- Federal hemp redefinition 2026: THC limits and compliance (Frier Levitt) · Pub. L. 119-37; total THC; 0.4 mg cap; full-spectrum CBD estimate
- Visa Acquirer Monitoring Program fact sheet (Visa, 2025) · Primary source: merchant Excessive threshold of 150 bps from Apr 1, 2026 in AP, Canada, Europe and US, with at least 1,500 monthly fraud plus dispute counts; ratio uses settled card-not-present transactions
- Visa VAMP rules explained 2026 (Easy Pay Direct) · VAMP ratio method; 2.2% merchant threshold through Mar 31, 2026, 1.5% from Apr 1, 2026
- Mastercard Excessive Chargeback Program (Chargeflow) · ECM and HECM thresholds and fine schedule, citing Mastercard's ECP guide