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U.S. Enacts 0.4 mg THC Cap on Hemp Products

It establishes a one‑year phase‑in with FDA definitions due in 90 days.

Overview

  • President Donald Trump signed the spending bill that redefines hemp and limits total THC to 0.4 milligrams per container, effectively banning many intoxicating hemp-derived products such as delta‑8 edibles and drinks.
  • The law takes effect on November 13, 2026, and instructs the FDA to identify covered natural and synthetic cannabinoids and define “container” within 90 days.
  • Supporters, led by Sen. Mitch McConnell, cite rising poison-control cases and pediatric exposures as the public‑health rationale, following a push from 39 state attorneys general.
  • Industry groups including the U.S. Hemp Roundtable warn the cap would outlaw more than 95% of hemp‑extract goods, threatening a roughly $28 billion market and hundreds of thousands of jobs.
  • Sen. Rand Paul’s bid to strip the language failed, and while a Senate summary says non‑intoxicating CBD is preserved, stakeholders argue many mainstream CBD drinks, gummies, and creams would exceed the new cap.