Congress Sets Hemp THC Limit, Prompting Trump Call for Legislative Reform

Congress passed a provision in November 2025 funding legislation that limits total hemp-derived THC to 0.4 milligrams per container, with the rule set to take effect on November 12, 2026. The measure was included in an agriculture funding bill to address intoxicating hemp products.

Industry representatives stated that the cap would affect approximately 95% of current hemp-derived CBD products, which typically contain about three milligrams per serving. President Donald Trump stated on Truth Social on April 24, 2026, that Congress should update the law to allow continued access to full-spectrum CBD products.

Trump noted that these products assist many Americans with health issues and support farmers. He referenced a December executive order promoting research on hemp-derived CBD.

farmer Jay Grundy told the Washington Examiner that proceeding with the 2026 planting season involves financial risks due to the upcoming limit. Grundy said farmers might lose investments if the cap forces them to discard harvests. Hemp farmers have expressed concerns since last year about potential crop losses.

Lawmakers including Rep. Morgan Griffith (R-VA) and Sen. Rand Paul (R-KY) have introduced several bills in the House and Senate to regulate the hemp market. These proposals aim to address problematic products while providing more flexibility than the 0.4 milligram limit.

Some bills seek to delay implementation, while others propose broader regulatory changes.

The Department of Justice

reclassified state-licensed medical marijuana from Schedule I to Schedule III following a December order from Trump. Separately, the Centers for Medicare and Medicaid Services started a pilot program allowing beneficiaries to access hemp-derived CBD and THC for symptom management.

Trump highlighted the program in his post, noting that one in five adults used CBD in the past year and many reported benefits for chronic pain. Trump also mentioned that Dr. Mehmet Oz implemented a model for seniors under the executive order. Drug safety group Smart Approaches to Marijuana announced plans to challenge the pilot program in court.

Kevin Sabet of the group stated that the administration's actions represent a shift toward industry influence in drug policy.