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U.S. Enacts 0.4 mg THC Cap on Hemp Products, Starting One-Year Phase-In

The new cap closes 2018 Farm Bill loopholes by targeting intoxicating derivatives with a per‑package limit.

Overview

  • President Donald Trump signed the funding bill that redefines hemp by capping total THC at 0.4 milligrams per package, with enforcement expected about a year from now.
  • The threshold would remove most hemp-derived consumables from stores, including gummies, vapes, tinctures, edibles and products made from delta‑8 and similar derivatives.
  • The Senate rejected Sen. Rand Paul’s amendment to strip the provision in a 76–24 vote, while supporters such as Sen. Mitch McConnell say the change restores the original intent of hemp legalization.
  • Industry groups warn the rule could affect roughly 95% of hemp businesses and erase about $1.5 billion in tax revenue, with Texas-specific reporting citing $8 billion in annual sales and more than 50,000 jobs at risk.
  • Companies report panic buying and are preparing lobbying and legal challenges; non‑intoxicating CBD items and industrial fiber or grain remain permissible only if total THC stays under the per‑container cap.