Glossary
0.4 mg per container cap
Updated:
The 0.4 mg cap is the federal limit on total THC and similar cannabinoids in a finished hemp-derived cannabinoid product, measured per innermost container, under the amended hemp definition. It applies December 11, 2026. A product over the cap is not hemp, regardless of its percentage THC.
The amended federal hemp definition excludes any final hemp-derived cannabinoid product that contains greater than 0.4 milligrams combined total per container of total tetrahydrocannabinols and any other cannabinoids with similar effects (7 U.S.C. 1639o; P.L. 119-37 sec. 781). It is an absolute amount, not a percentage. A product can be well under 0.3 percent THC by weight and still fail if the whole container holds more than 0.4 mg.
Container means the innermost wrapping, packaging or vessel in direct contact with the product. For a tincture that is the bottle; for gummies it is the jar or pouch, not a single gummy.
Total THC includes THCa at the 0.877 conversion factor USDA uses (7 CFR 990.1). The statute's phrase similar effects reaches other intoxicating cannabinoids, which FDA was directed to list.
Public Law 119-103 delayed the cap until December 11, 2026 (P.L. 119-103). Meeting it requires a certificate of analysis with a limit of quantitation low enough to prove the number. Isolate and broad-spectrum products with non-detect THC are the ones that can clear it with margin.
Sources
- 7 U.S.C. 1639o, Definitions (hemp) Cornell Legal Information Institute (accessed 2026-10-13)
- Public Law 119-37, section 781 (hemp definition amendments) GovInfo (accessed 2026-10-13)
- Public Law 119-103, Continuing Appropriations and Extensions Act, 2027, section 2019 GovInfo (accessed 2026-10-13)
- 7 CFR 990.1, Meaning of terms (Domestic Hemp Production Program) Cornell Legal Information Institute (accessed 2026-10-13)