Particle.news
Download on the App Store

States Scramble After Federal Law Sets 0.4 mg THC Cap on Hemp Products

A one-year phase-in forces legislatures to choose whether to create state frameworks that preserve sales.

Overview

  • The spending law signed Nov. 12 applies the 0.3% limit to total THC, bans synthesized cannabinoids, and caps every container at 0.4 milligrams of total THC starting in November 2026.
  • Supporters such as Sen. Mitch McConnell say the change closes an unregulated loophole that put candy-like intoxicating products within children’s reach.
  • Industry groups warn the limits could erase up to 95% of current offerings, threatening a roughly $28.4 billion market and more than 300,000 jobs.
  • States can keep intoxicating hemp commerce by enacting their own regulatory regimes before the deadline, with Ohio poised to finalize rules this week that may restrict or ban THC drinks.
  • FDA and HHS must release cannabinoid reference lists within 90 days, as businesses plan lobbying, potential reformulations, and other contingency steps during the transition.