Lawmakers Introduce Federal Hemp Bill with New THC Limits

Bill Targets Delta-9 and Total THC Thresholds

The proposed legislation would establish dual THC limits for hemp: a 0.3% delta-9 THC cap by dry weight and a separate total THC threshold that includes delta-8, delta-10, and THCA. According to a statement from the bill's sponsors, the total THC limit would be set at 0.3% on a post-decarboxylation basis. That means manufacturers could no longer exploit the THCA loophole by selling high-THCA flower that converts to delta-9 THC when heated.

The 2018 Farm Bill defined hemp as cannabis containing no more than 0.3% delta-9 THC by dry weight. That narrow definition opened the door to intoxicating hemp products: THCA flower, delta-8 gummies, and synthesized cannabinoids that technically comply with the 0.3% delta-9 standard but deliver psychoactive effects indistinguishable from marijuana.

This bill closes that gap. Products with total THC above 0.3% after decarboxylation would be classified as marijuana, not hemp, and subject to state cannabis laws.

Bipartisan Sponsors Signal Enforcement Priority

The bill's sponsors include members from both parties who've expressed concern over the proliferation of intoxicating hemp products in gas stations, convenience stores, and online retailers. While the full text hasn't been released, the sponsors' statement emphasizes consumer safety, youth access, and the need to distinguish hemp from marijuana in federal law.

The legislation aims to protect consumers and ensure that hemp products remain distinct from intoxicating marijuana under federal law.

The timing is notable. The DEA is still weighing whether to reschedule marijuana to Schedule III, and the FDA has yet to issue a final rule on hemp-derived CBD. This bill would preempt both agencies by writing new THC limits directly into statute.

What Happens to Existing THCA and Delta-8 Products?

If enacted, the bill would likely force a mass recall or reformulation of intoxicating hemp products currently on shelves. THCA flower tests below 0.3% delta-9 THC in its raw form but converts to high-THC cannabis when smoked. It'd be reclassified as marijuana. Delta-8 and delta-10 products derived from hemp would face the same fate if their total THC exceeds 0.3% post-decarboxylation.

For full background on this story, see the CannIntel topic hub on Federal Hemp Regulation.

Enforcement would fall to the USDA for agricultural compliance and the DEA for distribution and sale. State enforcement will vary: some states have already banned intoxicating hemp products, while others have embraced them as a gray-market alternative to licensed cannabis.

Industry Reaction and Legislative Outlook

Hemp industry groups have opposed total-THC limits in the past, arguing they would eliminate a legal market worth billions and push consumers back to the illicit market. Licensed cannabis operators, by contrast, have lobbied for years to close the hemp loophole. They argue that THCA flower and delta-8 products undercut state-regulated markets and evade testing and tax requirements.

The bill's prospects remain uncertain. Similar proposals have stalled in previous sessions. But the bipartisan nature of this effort and the growing visibility of intoxicating hemp products in mainstream retail suggest this may be the most viable attempt yet.

Expect the hemp industry to push for carve-outs or phased implementation. Licensed cannabis regulators will likely support the bill. Enforcement? That'll vary widely even if it passes.