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Congress Redefines Hemp, Imposes 0.4 mg THC Cap on Products Starting in 2026

With a one-year phase-in, forthcoming FDA guidance has triggered a lobbying blitz to replace the limits with federal regulation.

Overview

  • Signed into law within the shutdown package, H.R. 5371 revises the federal hemp definition to count total THC and excludes cannabinoids synthesized or manufactured outside the plant.
  • The statute sets a 0.4 milligrams-per-container ceiling on total tetrahydrocannabinols in final hemp products, a threshold industry groups say most edibles and beverages exceed.
  • FDA and HHS must publish by about February 10, 2026 lists of cannabinoids naturally produced by Cannabis sativa and clarify how container rules apply, shaping the scope of compliance.
  • Trade groups and businesses warn the change could effectively erase much of a $25–28 billion market and threaten hundreds of thousands of jobs, while hospitality operators report reliance on THC beverages.
  • Supporters including Sen. Mitch McConnell cite safety concerns over unregulated intoxicants, as opponents such as Sen. Rand Paul and Rep. Nancy Mace push repeal or state-based regulation and alcohol distributors urge rules akin to those for beer and wine.