A cap of 0.4 milligrams of total THC per container would put a single 5 mg gummy far over the line, and Congress has not passed an alternative.
Most hemp-derived THC gummies, drinks, and similar products sold in gas stations, smoke shops, and liquor stores are scheduled to fall outside the federal definition of hemp on December 11, 2026. The change comes from a law signed in November 2025, and a stopgap funding bill signed on September 2 pushed the date back 30 days from November 12, according to a federal law tracker from Hemp Law Group.
