Overview
- Congress redefined hemp to prohibit most intoxicating derivatives, capping total THC at 0.4 milligrams per container and barring cannabinoids synthesized or made outside the plant, capturing popular delta-8 and delta-10 products.
- Industry groups and policy analysts say the threshold would place the vast majority of current CBD drinks, gummies, creams and vapes in legal jeopardy, despite some products not being marketed for intoxication.
- Federal enforcement begins on Nov. 13, 2026, with key details pending as FDA compiles a cannabinoid list and defines what constitutes a “container,” raising questions about testing and state coordination.
- An amendment from Sen. Rand Paul to remove the language was defeated, Sen. Mitch McConnell advocated closing the 2018 Farm Bill loophole, and President Donald Trump signed the shutdown-ending bill into law.
- Trade groups warn of risks to a roughly $28 billion market and about 300,000 jobs and plan lobbying and possible legal action, while supporters cite rising pediatric exposures and thousands of delta-8 poison-control cases.