What is the 0.4 mg total THC per container cap?

The amended hemp definition in 7 U.S.C. 1639o excludes from "hemp" any final hemp-derived cannabinoid product that contains combined THC and cannabinoids with similar effects above 0.4 milligrams per container, where "container" takes the meaning in paragraph (3)(C) and FDA was directed to provide more detail on the term (7 U.S.C. 1639o). The Congressional Research Service summarizes the exclusion the same way: final hemp-derived cannabinoid products "containing more than 0.4 milligrams of THC per container" (CRS IN12620).

Because a tincture bottle is one container. A 30 mL full-spectrum tincture labeled at 1,500 mg CBD will usually carry trace THC in the tens of milligrams across the whole bottle, far above 0.4 mg, even though each 1 mL serving is well under 1 mg. Per-serving math does not help; the whole bottle is the unit. The same logic applies to a 30-count gummy jar: thirty gummies at even 0.1 mg THC each is 3 mg, and the jar fails.

Products that show ND (non-detect) for THC and THCa on a lab report with a stated limit of quantitation. The report has to be read carefully: a lab with an LOQ of 0.05 percent could miss up to 15 mg of THC in a 30 mL bottle, so an ND result only proves compliance when the LOQ is low enough that LOQ multiplied by container size stays under 0.4 mg. The question What does ND mean on a COA? walks through that arithmetic.

Some already have. New Jersey classifies products over 0.4 mg total THC per container as cannabis starting April 13, 2026 (NJ CRC). Vicente LLP reports Ohio's per-container restriction took effect March 20, 2026, Illinois aligns November 12, 2026 regardless of federal delays, and Missouri's date follows the federal one (Vicente LLP). The CRS was candid that enforcement is uncertain: "Both FDA and DEA may lack the resources to broadly enforce" the new prohibitions (CRS). Retailers are not waiting to find out. State rows are tracked at /learn/cbd-legality-by-state.