Hemp THC & the 2026 Federal Law: What's Changing
Last updated October 14, 2026
The short version
Congress changed the federal definition of hemp in November 2025. Most of that change is delayed until December 11, 2026. Under the new text, finished hemp-derived products that contain more than 0.4 milligrams of total THC per container fall outside the federal definition of hemp. HOWDY makes THC beverages, spirits and gummies. This page sets out what the law says, in plain terms, with links to the text. It will be updated as things change.
Timeline
- November 12, 2025: Public Law 119-37 is enacted. Section 781 rewrites the federal hemp definition and takes effect 365 days later.
- September 2, 2026: Public Law 119-103 is enacted. Section 2019 delays most of Section 781.
- November 12, 2026: Section 781 takes effect, but until December 11, 2026 it applies only to products containing cannabinoids that cannot be naturally produced by the cannabis plant.
- December 11, 2026: The delay in Section 2019 runs until this date. The total-THC definition and the 0.4 mg per container limit are delayed until then.
What the law says
Section 781 measures hemp by total THC, including THCA, at not more than 0.3 percent on a dry weight basis. Previously the federal test looked at delta-9 THC. Section 781 also excludes finished hemp-derived cannabinoid products that contain more than 0.4 milligrams combined total per container of total THC and other cannabinoids with similar effects, as determined by the Secretary of Health and Human Services.
Section 2019 of Public Law 119-103 reads: “Until December 11, 2026, the amendments made by section 781 of division B of Public Law 119-37 shall only apply with respect to products described in paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I)” of the statute, which are products containing cannabinoids that are not capable of being naturally produced by a cannabis plant.
What it could mean for HOWDY
If the provisions take effect as written, finished hemp-derived products with more than 0.4 mg combined total per container would fall outside the federal definition of hemp. Many THC drinks, spirits and gummies on the market contain more than that per container. We cannot predict how the rules will be applied or enforced. State laws are separate and can differ.
Frequently asked questions
What is changing in federal hemp law?
Congress rewrote the federal definition of hemp in Public Law 119-37, signed November 12, 2025. Section 781 of that law takes effect 365 days after enactment, which is November 12, 2026. A later law, Public Law 119-103, signed September 2, 2026, delays most of Section 781 until December 11, 2026.
What does the 0.4 mg per container limit mean?
Under Section 781, a finished hemp-derived cannabinoid product is excluded from the federal definition of hemp if it contains more than 0.4 milligrams combined total per container of total THC (including THCA) and other cannabinoids with similar effects, as determined by the Secretary of Health and Human Services. The limit is per container, not per serving. The law defines a container as the innermost wrapping, packaging or vessel in direct contact with the final product, enclosed for retail sale.
Which dates apply?
November 12, 2026 is the effective date written into Section 781. Section 2019 of Public Law 119-103 says that until December 11, 2026, the amendments made by Section 781 apply only to products containing cannabinoids that cannot be naturally produced by the cannabis plant. The total-THC definition and the 0.4 mg per container limit are delayed until December 11, 2026.
What could this mean for HOWDY products?
If these provisions take effect as written, finished hemp-derived products with more than 0.4 mg combined total per container would fall outside the federal definition of hemp. Many THC drinks, spirits and gummies on the market contain more than that per container. We cannot predict how the rules will be applied or enforced, and this is not legal advice.
Can this change again?
Yes. Congress can amend, delay or replace these provisions. This page describes only enacted law as written. We will update it as things change.
Do state laws still apply?
Yes. This page covers federal law only. State laws are separate and can differ, so check the rules where you live.
Sources
This page is general information, not legal advice. Laws and dates can change. Last updated October 14, 2026.
