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Congress Imposes 0.4 mg Total THC Limit on Hemp Products, Starting One-Year Phase-In

A one-year phase-in opens a short lobbying window ahead of FDA guidance due in 90 days.

Overview

  • Language in the government funding bill signed last week redefines legal hemp to include total THC across all isomers and sets a 0.4 milligram per-container ceiling beginning in November 2026.
  • Federal agencies must publish lists of naturally produced cannabinoids and THC-class compounds within 90 days, a step that will shape how broadly the cap applies.
  • Industry groups warn the limit would eliminate most gummies, beverages, vapes and even many CBD items, threatening a market they value in the tens of billions of dollars and hundreds of thousands of jobs.
  • State responses are diverging, with Ohio reconsidering its draft beverage allowances in light of the new cap and Florida’s attorney general backing the federal move on safety grounds.
  • Hemp businesses and allies are preparing corrective proposals, including a forthcoming bill from Rep. Morgan Griffith and calls from beverage makers for a tailored regulatory framework rather than an effective ban.