Will Your CBD Still Be Legal After December 11?

Pick up a bottle of full-spectrum CBD and look at the label. You will probably see a THC number per serving. On December 11, the rule for many products changes. Under the new federal definition, the 0.4 milligram limit applies to the whole container, not to one serving. For some full-spectrum CBD products, that changes the answer.

December 11 is 42 days from today, October 30. Most people think this fight is about gummies and seltzers that get you high, but it reaches further than that. Seven Days reported this week that a Vermont CBD maker expects about 60 percent of its CBD supplements to fall out of compliance.

Here is the answer to the question in the headline, along with AHAA's stated position on what should happen next.

Why a THC Rule Reaches Your CBD

Last November, Congress rewrote the federal definition of hemp in the agriculture spending law, P.L. 119-37, Division B, Section 781. The new definition does not name CBD, but it does not need to. According to the Congressional Research Service, finished hemp products with more than 0.4 milligrams of total THC and similar cannabinoids per container fall outside the definition of hemp.

Full-spectrum CBD keeps more of the plant, and the plant carries trace THC. Those trace amounts add up across a full bottle.

Jonathan Miller, general counsel of the U.S. Hemp Roundtable, told Harvest Public Media in September: "Even the vast majority of non-intoxicating CBD products have more than 0.4 milligrams of THC per container." See the Harvest Public Media report.

What 0.4 Milligrams per Container Means for a Real Bottle

Take an ordinary 30-serving bottle. To stay under the cap, each serving would need about 0.013 milligrams of THC or less, if the THC were spread evenly.

Seven Days reported one example from Vermont. Sunset Lake Farms makes Vibe Gummies with 1 milligram of THC each. A package containing even one such gummy would exceed the 0.4 milligram per-container threshold. See the Seven Days report.

The law defines a container as the innermost packaging in direct contact with a final product for retail sale, such as a jar, bottle, bag, box, can, carton or cartridge. Congress also told the FDA to publish lists of cannabinoids and more detail on the word "container" within 90 days. That deadline was February 10, 2026. As of this writing, we have not found those lists published.

A Congressional Research Service report dated October 28, 2026, states: "As of the date of the publication of this Legal Sidebar, FDA has not published any of these items." See the CRS report and the report on it. Businesses are being asked to comply with a rule whose details are still missing.

November 12 and December 11: Which Products Each Date Affects

Products made with cannabinoids the plant cannot naturally produce lose hemp status on November 12. The 0.4 milligram per-container cap takes effect on December 11, after a September spending bill, P.L. 119-103, extended most of the new definition.

One detail matters here. Cannabinoids the plant can make, but that were made outside the plant, fall under the December 11 provisions, not the November 12 ones. Do not treat every lab-made product as a November 12 product.

What CBD Makers Are Doing Right Now

Seven Days reported on October 28 how Vermont CBD makers are responding. See the Seven Days report.

• Sunset Lake Farms said about 60 percent of its CBD supplements would not comply. It spent about $100,000 reformulating and rebranding to remove THC.

• Sunsoil in Hardwick plans to keep its full spectrum formulations, but in smaller containers and mostly outside Vermont, to stay under the cap.

• Upstate Elevator in Burlington said it could lose about 90 percent of its current products if the law is not changed.

These choices show how the rule is changing the market. Companies are reformulating, shrinking packages, or dropping product lines to stay within the federal limit.

The problem is not limited to Vermont. Seven Days cites hemp industry estimates that about 95 percent of hemp-derived products on the market would fall outside the new definition. These are industry estimates, not a government count.

Will Your CBD Product Meet the Cap?

• Isolate with no THC and no similar-effect cannabinoids: may meet the cap, though the FDA has not yet said which other cannabinoids count.

• Broad spectrum with THC removed: depends on what the lab finds across the whole container.

• Full spectrum in a normal-size bottle: many of these will not meet the cap.

A certificate of analysis is a useful starting point. Look at total THC, including THCA, not delta-9 alone, and compare it with the per-container limit. Multiplying the per-serving THC by the number of servings is only a rough check. Reporting units, THC calculations, cannabinoid classification, and FDA container guidance can all affect the result, so a rough check does not guarantee legal compliance. If you cannot find a lab report, ask the shop or brand.

None of this is final. Congress set the December 11 date and can change it. The current federal funding measure also runs through December 11, so the next spending bill is one place a fix could move.

What AHAA Is Asking Congress For

AHAA's stated position is that hemp products should not mislead buyers or contain synthetic intoxicants. AHAA asks Congress for lab testing, honest labels, a minimum age of 21, and an FDA that publishes the definitions it was required to publish on time.

AHAA's position is that a rule treating a full spectrum CBD tincture the same as a lab-made high, and removing both from shelves, is the wrong approach. Regulate it. Don't eliminate it.

How to Share Your Experience With Lawmakers

Lawmakers hear from lobbyists every day. They hear far less from the people who buy, make and sell CBD. If a product you rely on is about to disappear, or your business is reformulating to survive, share your story through AHAA's Tell Your Story page.

Frequently Asked Questions

Q. Will all CBD be illegal on December 11?

No. The rule is about total THC per container, not CBD itself. A product with no THC and no similar-effect cannabinoids may meet the cap. A full-spectrum product in a normal-size bottle often will not, because trace THC adds up across the container.

Q. What is the difference between per serving and per container?

Per serving is the THC in one dose. Per container is the THC in the whole bottle, jar or pack. The federal limit is 0.4 milligrams per container, so multiply the per-serving THC by the servings in the package.

Q. What changes on November 12, and what changes on December 11?

On November 12, products with cannabinoids the plant cannot naturally produce lose hemp status. On December 11, the rest of the new definition takes effect, including the 0.4 milligram per-container cap and the rules on plant-capable cannabinoids made outside the plant.

Q. How can I check my own product?

Find its certificate of analysis, look at total THC including THCA, and multiply by the servings in the package. If there is no lab report, ask the shop or brand.

Q. Has the FDA published the cannabinoid lists yet?

We have not found them published as of this writing. The law gave the FDA 90 days from enactment, and that deadline passed on February 10, 2026. A Congressional Research Service report dated October 28, 2026, confirms they had not been published as of that date.