Quick answer
- Today
- Hemp products may hold up to 0.3% delta-9 THC by dry weight, with no cap per package
- Delta-8 today
- The Ninth Circuit held in 2022 that delta-8 products within the delta-9 limit met the hemp definition
- From December 11, 2026
- No more than 0.4 mg of total THC per container in a finished product
- Converted cannabinoids
- Cannabinoids synthesized outside the plant are excluded from hemp from December 11
Why the old rule allowed delta-9 gummies
The federal definition of hemp, 7 U.S.C. 1639o, limits delta-9 THC to 0.3 percent on a dry weight basis. It is a share of the product's weight, with no cap per serving or per package.
A heavy product can hold a lot under a percentage. As an example, 0.3 percent of a 5 gram gummy is 15 mg of delta-9 THC, and a jar of 20 such gummies holds 300 mg. That is how hemp delta-9 gummies could be sold under the 2018 law.
What a court said about delta-8
Delta-8 THC is a different form of THC. The 2018 definition names only delta-9.
In AK Futures LLC v. Boyd Street Distro (2022), the Ninth Circuit held that "plain statutory text compels the conclusion" that the delta-8 products in the case were lawful, because the definition covers products from the plant with no more than 0.3 percent delta-9 THC, and that the statute "precludes a distinction based on manufacturing method."
The ruling came in a trademark case at the preliminary injunction stage, and it binds only courts in the Ninth Circuit. The DEA has said in a separate rule, placing HHC in Schedule I in May 2026, that THC "produced through chemical conversion, even when hemp derived" is considered synthetically produced under the Controlled Substances Act.
What changes on December 11, 2026
Section 781 of Public Law 119-37 counts total THC, not delta-9 alone, and sets a limit of 0.4 mg per container for a finished hemp-derived cannabinoid product. The limit covers total THC combined with any other cannabinoids that have similar effects as the Secretary of Health and Human Services determines.
It also excludes cannabinoids the plant can produce that "were synthesized or manufactured outside the plant", which covers converted cannabinoids. Public Law 119-103 holds these parts back until December 11, 2026; from November 12, only cannabinoids the plant cannot produce naturally are excluded. The federal page has the timeline.
State caps
States can set their own limits on hemp THC products, from caps per serving to outright bans. Read the state guides for Texas, Florida, Georgia, North Carolina and Tennessee.
Products with no THC are untouched by the federal change: broad spectrum and isolate CBD, functional mushrooms and THC-free topicals.
Common questions
Why could a hemp gummy hold several milligrams of delta-9 THC?
The federal definition in 7 U.S.C. 1639o limits delta-9 THC to 0.3 percent of dry weight, not to an amount per package. As an example, 0.3 percent of a 5 gram gummy is 15 mg. Section 781 replaces this with a limit of 0.4 mg of total THC per container for finished products from December 11, 2026.
Is delta-8 THC legal under federal law?
In AK Futures v. Boyd Street Distro (2022), the Ninth Circuit held that delta-8 products with no more than 0.3 percent delta-9 THC met the 2018 hemp definition. The ruling binds only courts in that circuit. From December 11, 2026, Section 781 counts total THC and excludes cannabinoids synthesized or manufactured outside the plant.
Sources
- 7 U.S.C. 1639o, definitions (the 2018 hemp definition), U.S. Code, Office of the Law Revision Counsel
- Public Law 119-37, Division B, Title VII, Section 781, GovInfo, U.S. Government Publishing Office
- Public Law 119-103 (H.R. 6500), Section 2019, GovInfo, U.S. Government Publishing Office
- AK Futures LLC v. Boyd Street Distro, LLC, No. 21-56133 (9th Cir. May 19, 2022), U.S. Court of Appeals for the Ninth Circuit
- Schedules of Controlled Substances: Placement of HHC in Schedule I (91 FR 23913), Federal Register
Each source was last read on November 5, 2026. Laws and rules change; check the source for the current text.