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U.S. Sets One-Year Countdown to Curb Intoxicating Hemp With 0.4 mg THC Cap

FDA definitions due in 90 days will determine how broadly the new hemp limits apply.

Overview

  • President Donald Trump signed the spending bill that revises federal hemp law, imposing a total THC limit of 0.4 milligrams per container and barring cannabinoids synthesized or made outside the plant.
  • Federal enforcement begins in November 2026 after a one-year phase-in, with FDA and HHS directed to publish cannabinoid lists and define “container” within 90 days, and the Senate having rejected Sen. Rand Paul’s bid to remove the provision.
  • Industry groups warn the change would eliminate more than 95% of current products, threaten a roughly $28 billion market and 300,000 jobs, and reduce state tax revenues tied to hemp sales.
  • Supporters cite child-safety concerns, noting rising poison-control incidents and ER visits linked to delta-8 and related products, plus a letter from 39 state attorneys general urging Congress to close the loophole.
  • The hemp sector plans a lobbying push for regulatory alternatives such as Rep. Morgan Griffith’s framework, while some states may try intrastate-only supply chains to keep certain products legal within their borders.