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Spending Law Redefines Hemp, Caps THC at 0.4 mg Per Container

A one-year phase-in begins, with the FDA set to define covered cannabinoids and the meaning of “container” within 90 days.

Overview

  • President Donald Trump signed the government funding bill that includes new hemp limits intended to close the 2018 Farm Bill loophole.
  • The statute restricts legal hemp products to no more than 0.4 milligrams of total THC per container and bans cannabinoids synthesized outside the plant, such as delta-8.
  • Enforcement starts one year after enactment, placing the effective date at Nov. 13, 2026.
  • The FDA must publish a list of natural and synthetic cannabinoids and define key terms within 90 days, a step that will shape how the cap is applied to drinks, gummies, vapes and topicals.
  • Industry groups warn the change could eliminate about 95% of current products and jeopardize jobs, while supporters including Sen. Mitch McConnell and a coalition of state attorneys general say it curbs products marketed through a loophole, and a Senate bid by Sen. Rand Paul to strip the provision failed.