Federal Hemp Cliff Late 2026 — 0.4 mg THC Per Package (McConnell Provision)

Last verified: May 2026

The Federal Cliff Provision

The November 2025 federal continuing-resolution language (Sen. Mitch McConnell R-KY provision):

• Caps hemp products at 0.4 milligrams of THC per package.
• Effective approximately one year after enactment (late 2026).

Per Stateline (Nov. 12, 2025), McConnell told reporters he "included the hemp measure in the bill to close an unintended legal loophole." The provision functionally ends most current Delta-8 / Delta-9 / THCA formulations, which typically deliver 5-100+ mg THC per container.

U.S. Hemp Roundtable Industry Estimate

Per the U.S. Hemp Roundtable November 10, 2025 press release, the legislation "would wipe out 95% of the industry, shuttering small businesses and American farms while costing states $1.5 billion in lost tax revenue," and threatens "to eliminate America’s $28.4 billion hemp industry."

The Wyoming Stack with SF 32

For Wyoming, the federal cliff stacks with state-level SF 32 (2024):

• SF 32 (signed Mar 7 2024, effective July 1 2024): Banned delta-8 THC, synthetic cannabinoids, and any hemp product over 0.3% total THC. Upheld by 10th Circuit October 27, 2025 in Green Room v. Wyoming.
• Federal cliff (late 2026): 0.4 mg THC per package cap.

Combined, these layers eliminate Wyoming’s hemp-derived intoxicant retail nearly completely. The remaining lawful products: true THC-free CBD isolate.

What Continues After the Cliff

• CBD-only products without psychoactive THC remain federally and state-lawful.
• 0.4 mg / package compliant products — if industry can develop them — may remain federally lawful (subject to WY SF 32 state-level constraints).
• Industrial hemp for fiber, grain, seed remains lawful for non-intoxicant purposes.
• WY Hemp Extract Act 2015 cards for intractable-epilepsy patients remain functional with hemp extract (≤0.3% THC, ≥5% CBD).

Industry Response

The U.S. Hemp Roundtable, Wyoming Hemp Association equivalents, and broader national hemp trade groups are pursuing several strategies:

• Legislative repeal or extension — lobbying Congress to repeal or extend the effective date.
• Implementation regulatory comments — submitting comments to USDA on rule-making.
• Federal-court challenges — pre-emptive constitutional challenges being explored.
• Compliant product reformulation — hemp processors developing 0.4 mg / package compliant products.

The McConnell Context

Sen. Mitch McConnell (R-KY) — Kentucky’s senior senator — stepped down as Senate Republican Leader in January 2025, replaced by Senate Majority Leader John Thune of South Dakota. McConnell’s 2018 Farm Bill championing of federal hemp legalization was central to the original framework; the 2025 reversal reflects his concern about the post-2018 emergence of intoxicating hemp products that he believes were not the original intent.

Practical Implications for Wyoming Patients and Consumers

• The combined SF 32 + federal cliff substantially eliminate Wyoming’s hemp-derived intoxicant retail.
• Hemp Extract Act 2015 cardholders (intractable epilepsy) face an even more constrained sourcing landscape.
• Cannabis-policy reform (medical or recreational legalization) becomes the only meaningful pathway for non-CBD-only access in Wyoming.
• The 2028 ballot remains the primary state-level reform target.

Related on this site: Hemp Extract Act 2015 (HB 32), SF 32 (2024) Hemp-Intoxicant Ban + 10..., Send a Message.