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U.S. Law Redefines Hemp, Capping THC at 0.4 mg Per Container by 2026

Supporters call it a fix for the 2018 Farm Bill loophole, with enforcement expected to rely on state action.

Overview

  • The shutdown-ending spending bill signed on Nov. 12 includes Section 781, which rewrites the federal definition of hemp and takes effect after a one-year phase-in ending in November 2026.
  • The law bans most intoxicating hemp products by excluding synthesized or outside-plant cannabinoids, setting a 0.3% combined-total THC limit, and imposing a 0.4 milligram-per-container cap that also sweeps in many spectrum CBD items.
  • Industry groups and analysts estimate the change will wipe out roughly 95% of a $28 billion market and jeopardize more than 300,000 jobs, with warnings of lost tax revenue and a shift to illicit sales.
  • The beverage segment is a prime target, as many low-dose THC drinks contain at least 1 milligram per can, and retailers from liquor stores to supermarkets have been selling them in states that allowed the category.
  • The provision, championed by Sen. Mitch McConnell, survived an unsuccessful effort by Sen. Rand Paul to strip it, and businesses are scrambling to lobby for a federal regulatory alternative during the one-year wind-down.