Overview
- Congress enacted H.R. 5371 on Nov. 12, 2025, with hemp provisions taking effect 365 days later, making federal enforcement likely to begin on Nov. 13, 2026.
- The statute counts total THC, including THCA, excludes cannabinoids not naturally produced by the plant or made outside it, and limits final products to 0.4 milligrams of total tetrahydrocannabinols per container.
- FDA and HHS must publish lists of naturally produced cannabinoids and container-application guidance within 90 days of enactment, setting a Feb. 10, 2026 deadline.
- Industry groups warn the change could wipe out most hemp-derived consumables in a roughly $28 billion market employing about 300,000 people, with bars, restaurants and retailers reporting heavy reliance on THC beverages and edibles.
- Sen. Mitch McConnell backed the tighter definition while Sen. Rand Paul’s bid to strip the language failed 76–24, and lawmakers including Paul, Rep. Nancy Mace and Rep. Morgan Griffith are pursuing repeal or regulatory alternatives as experts question uniform federal enforcement.