The 0.4 mg Cap: What It Means and Why It Matters
On November 12, 2025, President Trump signed the Continuing Appropriations and Extensions Act (H.R. 5371), which included a provision in Section 781 that fundamentally rewrites the federal definition of hemp. That change takes effect on November 12, 2026, one year after enactment. The impact cannot be overstated.
Under the 2018 Farm Bill, hemp was defined as cannabis containing less than 0.3% delta-9 THC on a dry-weight basis. Under the new law, the standard shifts to total THC, which now includes THCA, delta-8, and any other cannabinoids with similar effects or marketed to have similar effects, as determined by the Secretary of Health and Human Services. The new limit for finished hemp-derived cannabinoid products is 0.4 milligrams of total THC per container, not per serving. A standard 10 mg delta-9 gummy would exceed this cap by a factor of twenty-five.
Critical Deadline: November 12, 2026
The U.S. Hemp Roundtable estimates this change will eliminate approximately 95% of existing hemp-derived cannabinoid products. The industry projects losses of over 300,000 jobs and $1.5 billion in aggregate state tax revenue. Industrial hemp cultivated for fiber, grain, oil, and seeds is preserved. CBD isolate with no detectable THC may also remain compliant, depending on final FDA guidance on container definitions. Most products consumers currently enjoy, including full-spectrum CBD, THCA flower, delta-9 edibles, and delta-8 products, will be federally illegal under this framework.
The FDA was supposed to publish a list of naturally occurring cannabinoids within 90 days of the law’s enactment, but that deadline has passed without the list being published. The definition of “container” also remains unresolved, and its interpretation by FDA will materially affect the scope of what survives. Until that guidance arrives, the full impact of the law remains uncertain at the margins, though the broad strokes are clear.
Sources
- Marijuana Moment: House Passes Farm Bill Without Delaying THC Product Ban
- Womble Bond Dickinson: Navigating New Hemp Laws
- Frier Levitt: Federal Redefinition of Hemp 2026
- Marijuana Moment: Congressional Researchers Give Update on Hemp THC Ban
Full-Spectrum CBD: The Unresolved Fight
Full-spectrum CBD products have become the center of heated advocacy precisely because they occupy an uncomfortable intersection of the two federal policies described above. They are non-intoxicating in nature, used widely by seniors, veterans, and patients managing chronic conditions, and yet the 0.4 mg per container cap threatens to push even many non-intoxicating full-spectrum formulations off the legal market because they contain trace amounts of multiple cannabinoids.
President Trump acknowledged this problem directly on April 23, 2026, posting on Truth Social: “I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them. We must get this done RIGHT and FAST.” That call has not yet produced statutory action. Congress alone can change the November deadline, and so far, the Farm Bill has passed the House without any delay provision for hemp THC products.
For context on how we got here, the story of full-spectrum CBD and the fight for patient access is inseparable from the story of Paige Figi and her daughter Charlotte. In 2010, Figi discovered that a high-CBD, low-THC hemp extract dramatically reduced Charlotte’s seizures from a devastating epileptic disorder called Dravet Syndrome. The product eventually bore Charlotte’s name as Charlotte’s Web, and Paige Figi went on to found the Coalition for Access Now, a 501(c)(4) advocacy organization that has fought for CBD access in state legislatures across the country, passing 26 CBD bills and representing the 45 million Americans who rely on CBD products. Her organization’s website provides current advocacy resources and calls to action.
Coalition for Access Now — Advocacy Resources and Action CenterSources
- NORML: Trump Calls for Looser Restrictions on Full Spectrum CBD
- Venable LLP: Executive Order on Medical Marijuana and CBD Does Not Alter November Restrictions
- Coalition for Access Now (Paige Figi)
- Marijuana Moment Newsletter: Trump Pushes Congress for Hemp CBD Reforms
Legislative Proposals That Could Save the Industry
Several bipartisan bills have been introduced to delay or replace the November ban. None has been enacted as of the newsletter’s publication, and the House Farm Bill passed on May 5, 2026 without any hemp THC delay provision, despite bipartisan amendment attempts that were ultimately withdrawn. The action now shifts to the Senate, and to standalone legislation. Here is a summary of the key proposals:
- H.R. 7024 — Hemp Planting Predictability ActIntroduced January 13, 2026 by Rep. Jim Baird (R-IN) with bipartisan support including Reps. Comer (R-KY) and Craig (D-MN). This bill would delay implementation of Section 781 from November 12, 2026 to November 12, 2028, giving Congress two additional years to develop a permanent regulatory framework. A Senate companion bill was introduced by Senators Klobuchar (D-MN), Paul (R-KY), and Merkley (D-OR). Currently has 15 co-sponsors in the House.
- Cannabinoid Safety and Regulation Act (CSRA)Introduced in December 2025 by Senators Wyden (D-OR) and Merkley (D-OR). This 84-page bill would replace Section 781’s prohibition with a federal regulatory framework that includes a 5 mg THC per serving and 50 mg per container limit for edibles, a federal minimum purchase age of 21, mandatory third-party testing, standardized packaging requirements, and state authority to impose stricter rules. This is the comprehensive regulatory alternative the industry has advocated for.
- HEMP Act — H.R. 7212Introduced by Reps. Morgan Griffith (R-VA) and Marc Veasey (D-TX), the Hemp Enforcement, Modernization, and Protection Act offers another path to replacing the ban with regulation. Griffith has been a consistent advocate for FDA regulation of hemp products as dietary supplements.
The U.S. Hemp Roundtable is actively calling on Congress to act before November. Their advocacy platform allows supporters to contact lawmakers directly. The Hemp Industry and Farmers of America (HIFA) is also a key plaintiff in the Texas state litigation and an active advocacy partner at the federal level.
- U.S. Hemp Roundtable State Action Center — Contact Your Lawmakers
- U.S. Hemp Roundtable: News, Alerts, and Resources
Sources