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Shutdown Bill Signed Into Law Imposes National Ban on Intoxicating Hemp Products in 2026

A new 0.4‑milligram total‑THC cap per container shifts regulation to states during a one‑year phase‑in.

Overview

  • Section 781 rewrites the federal definition of hemp to exclude most intoxicating derivatives, capping total tetrahydrocannabinols at 0.4 milligrams per container and explicitly sweeping in delta‑8, delta‑10, THCA and synthesized cannabinoids.
  • The prohibition takes effect one year after enactment in November 2026, with legal experts expecting primary enforcement and interpretation to fall to state authorities.
  • Industry groups project the cap will eliminate roughly 95% of a $28 billion market and threaten more than 300,000 jobs, with companies preparing inventory run‑downs and reviewing contracts and insurance coverage.
  • The provision survived an effort by Sen. Rand Paul to strip it, as backers including Sen. Mitch McConnell and a coalition of state attorneys general argued it closes a 2018 Farm Bill loophole and addresses youth‑safety concerns.
  • State‑licensed marijuana dispensaries remain governed by state law, but gas‑station and retail hemp gummies, drinks and vapes face removal from shelves, with executives warning consumers could turn to unregulated sellers.