Overview
- Language enacted in H.R. 5371 redefines hemp to count total THC, including THCA, excludes synthesized cannabinoids, and sets a 0.4 milligrams total‑THC cap per container for finished products starting in November 2026.
- Intermediates must stay at or below 0.3% total THC by dry weight, creating new categories that remove most current hemp-derived consumables from the federal definition of hemp once enforcement begins.
- FDA and HHS must publish cannabinoid lists and implementation guidance within about 90 days of enactment, with documents due by February 10, 2026 that will shape how the limits apply to products and containers.
- Industry groups forecast sweeping disruption to a roughly $28–30 billion market, with the U.S. Hemp Roundtable saying up to 95% of products would be barred and businesses warning of job losses and shifts to unregulated channels.
- Political and commercial pushback is mounting, with Sen. Rand Paul and several House Republicans seeking repeal or replacement, alcohol distributors urging regulation, and brands lobbying for alcohol-style rules and age checks rather than an outright prohibition.