Our note: This definition counts delta-9 THC only, which is what THCA flower and hemp-derived delta-8 products were sold under. It changes in November and December 2026 (the next two lines).
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PendingTakes effect
Until December 11, 2026, the amendments made by section 781 of division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply with respect to products described in paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I)
Our note: From November 12, 2026 only the exclusion of products containing cannabinoids "not capable of being naturally produced" by the plant applies. THCA and delta-9 THC are naturally produced, so this line alone does not change their status.
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RestrictedTakes effect
§ 781 says 365 days after enactment (November 12, 2026); P.L. 119-103 § 2019 holds all but one exclusion until December 11, 2026.
365 days after the enactment of this Act, Section 297A of the Agricultural Marketing Act of 1946
greater than 0.4 milligrams combined total per container of
total tetrahydrocannabinols (including tetrahydrocannabinolic acid)
Our note: THCA counts toward total THC, and a final product above 0.4 mg total THC per container is no longer hemp. P.L. 119-103 § 2019 (the next line) holds most of § 781 until December 11, 2026, a continuing-resolution date that Congress can move again. The FDA cannabinoid lists the act calls for had not been published when this was checked.
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By state
Hover or tab to a state; select it for the quoted law.
Banned or controlled 0
Restricted (age, licence, container, channel) 2
Regulated 1
Expressly excluded 0
Read, but unclear 0
Only a pending or future change 0
Not checked yet 48
Hemp THC and THCA by state, from the most restrictive verified line in force today.
Our note: THCA counts toward total THC, which ends retail sale of THCA flower as hemp; buyers must be 21. The rule is under appeal (Fifteenth Court of Appeals, 15-26-00099-CV) and was enforceable when checked.
Our note: Hemp extract is sold under a licensing and testing regime. This line does not settle how Florida treats THCA flower, which this page has not read for.