The 0.4 mg per container limit, explained

The short answer. From Dec. 11, 2026, a final hemp-derived cannabinoid product may contain no more than 0.4 milligrams of total THC, THCA included, plus any THC-like cannabinoids, per container, not per serving. As of Oct. 3, 2026, that sets the limit for the whole jar, can or bottle, which rules out nearly every intoxicating hemp gummy, drink and tincture now on shelves.

The cap is one clause in Section 781 of Public Law 119-37. Our Hemp Ban Tracker covers the dates; this page covers the clause.

What the statute says

The new definition excludes from hemp “any final hemp-derived cannabinoid products containing” more than 0.4 milligrams “combined total per container” of:

“(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and (bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).”

That is subclause (1)(C)(iv)(III) of the amended 7 U.S.C. 1639o, as enacted in P.L. 119-37, sec. 781. Four points in the text do most of the work:

1. It is a ceiling on a package, not a dose. The statute never mentions servings.
2. THCA counts in full on the “total” measure. Labs convert it with the 0.877 factor; see THCA vs. THC.
3. Look-alike cannabinoids count too, once the Secretary of Health and Human Services says which ones.
4. It applies to products for “human or animal use” by “inhalation, ingestion, or topical application.” Pet products and lotions are in scope.

What counts as a container

Section 781 defines a container as “the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.” It excludes “bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale.”

What the text leaves open:

Packaging	Plain reading of the text	Settled?
Jar of loose gummies	The jar is the container; all gummies share 0.4 mg	Largely
Box of individually wrapped gummies	Each wrapper touches the product; whether each is “enclosed for retail sale” is unclear	No
Single can of a drink	The can	Largely
Four-pack ring around cans	Outer wrapping, not a container	Largely
Vape cartridge in a cardboard sleeve	The cartridge	Largely

Congress told the FDA to publish “additional information and specificity about the term ‘container’” within 90 days of enactment, by Feb. 10, 2026. The desk found no such guidance as of Oct. 3, 2026.

The arithmetic

These rows use round example figures to show scale. They describe no particular brand.

Example product	Total THC in the container	Times over 0.4 mg
1 g of flower at 0.3% total THC	3 mg	7.5x
3.5 g of flower at 0.3% total THC	10.5 mg	26x
1 g of flower at 20% total THC	200 mg	500x
Jar of 20 gummies at 5 mg each	100 mg	250x
One 12-oz drink at 5 mg	5 mg	12.5x
One 12-oz drink at 2 mg	2 mg	5x
30 mL tincture, about 28 g of oil, at 0.3% THC by weight	about 84 mg	about 210x

Run the other way, the cap is easier to see. A 20-gummy jar can average 0.02 mg of THC per gummy. A 30 mL tincture must hold THC at no more than roughly 0.0014 percent by weight. Those are near the reporting limits of many potency methods; check a lab report’s limit of quantitation, as our COA guide explains.

How the federal cap compares with state caps

Several states already cap intoxicating hemp by package. As of Oct. 3, 2026:

State	Limit	Per
New Jersey, Ohio	0.4 mg total THC	Container
Illinois, Missouri	0.4 mg total THC, from Nov. 12	Container
Virginia	2 mg total THC	Package, from Aug. 15
Maryland	Over 0.5 mg a serving or 2.5 mg a package is dispensary-only	Serving and package
Rhode Island	1 mg / 5 mg	Serving / package
Iowa	4 mg / 10 mg	Serving / package
Louisiana	5 mg / 40 mg	Serving / package

A product that passes a state cap still has to meet the federal one from Dec. 11, and the reverse.

Which products survive

Category	Status from Dec. 11, as of Oct. 3, 2026	Why
Hemp fiber, grain, seed oil, hulls, microgreens	Outside the cap	“Industrial hemp” is excluded from “hemp-derived cannabinoid product”
FDA-approved drugs	Outside the cap	Drugs approved under FDCA sec. 505 are excluded
CBD products with no detectable THC	Can comply	Total THC under 0.4 mg per container, subject to the HHS list
Low-dose products at 0.4 mg or less per container	Can comply	Within the cap
Intoxicating gummies, drinks, vapes, tinctures	Do not comply	Several to hundreds of times over
Distillate or isolate sold to consumers	Excluded	“Intermediate” products “marketed or sold as a final product” are not hemp
High-THCA flower	Not hemp	Fails the 0.3% total-THC definition

What is still unsettled

• The FDA lists and container guidance due Feb. 10, 2026. None published, as far as the desk can find.
• Whether raw flower is a “final” product. It matters only for flower at or under 0.3 percent total THC.
• Which non-THC cannabinoids count. That waits on HHS.
• Another delay. Any change would most likely ride on the spending bill due by Dec. 11.

Reporting, not legal advice. Reviewed Oct. 3, 2026.

Questions readers asked

Is the 0.4 mg hemp limit per serving or per package?

Per container. Section 781 caps a final hemp-derived cannabinoid product at 0.4 milligrams combined total THC, THCA included, per container, as of the law in force Oct. 3, 2026. A 20-gummy jar shares one 0.4 mg allowance.

What counts as a container under the hemp law?

The innermost wrapping, packaging or vessel in direct contact with the product and enclosed for retail sale, such as a jar, bottle, bag, box, packet, can, carton or cartridge. Bulk shipping containers and outer wrappings not essential to the retail sale are excluded.

Does the 0.4 mg cap apply to THCA flower?

Flower above 0.3 percent total THC fails the hemp definition before the cap matters. For flower at or under 0.3 percent, the statute defines 'intermediate' products but not 'final' ones, and the desk found no federal guidance on whether a jar of raw flower is a final product, as of Oct. 3, 2026.

When does the 0.4 mg limit take effect?

Dec. 11, 2026, for products made from cannabinoids the plant produces naturally, as of Oct. 3, 2026. H.R. 6500 kept Nov. 12, 2026, only for cannabinoids the plant cannot naturally produce.

Does CBD count toward the 0.4 mg cap?

The cap counts total THC plus any cannabinoids with similar effects, or marketed as having them, as determined by the Secretary of Health and Human Services. CBD is not a tetrahydrocannabinol; whether any non-THC cannabinoid counts depends on that HHS determination, which had not been published as of Oct. 3, 2026.

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