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Congress Enacts 0.4 mg THC Cap on Hemp Products in Shutdown Deal

Championed by Sen. Mitch McConnell, the signed law rewrites federal hemp rules with enforcement set to begin in about a year.

Overview

  • President Trump signed the funding package that redefines hemp and sets a per‑container cap of 0.4 milligrams total THC, effectively outlawing most delta‑8/THCA gummies, vapes, and beverages.
  • The Senate rejected an effort to remove the provision in a 76–24 vote, with Sens. Rand Paul and Ted Cruz the only Republicans supporting the failed amendment.
  • Industry groups and analysts estimate the change will eliminate roughly 95% of a $28 billion retail market and put more than 300,000 jobs at risk.
  • Implementation now moves to agencies and states, with the FDA expected within 90 days to publish cannabinoid lists and define what constitutes a product “container.”
  • Trade groups and some lawmakers are organizing a push for federal regulation in place of a ban during the one‑year grace period as states weigh preemption and enforcement.