Federal THC cap puts Rhode Island hemp products at risk

Federal limit conflicts with Rhode Island rules

A federal restriction taking effect Dec. 11 will prohibit sales of hemp-derived cannabinoid products containing more than 0.4 milligrams of total THC per container. Rhode Island’s Cannabis Control Commission has told licensees that it must enforce the change.

The limit is lower than the state rules adopted in 2025, which allow hemp products to contain up to 1 milligram of total THC per serving and 5 milligrams per package. In a Sept. 11 bulletin, the commission said products exceeding the federal threshold would be noncompliant and could bring administrative penalties, including fines. It urged businesses to review their products and inventory before the deadline.

Hemp became federally legal under the 2018 Farm Bill, which permitted products with no more than 0.3% THC by dry weight. The new per-container standard changes the rules for finished products, including drinks, gummies and tinctures.

Growers confront unsold inventory

Rhode Island’s regulated hemp market recorded in sales in 2025. THC-infused drinks and seltzers represented, or about 83% of that total. As of Oct. 1, the state had 201 licensed hemp businesses, including 169 retailers.

Lovewell Farms in Hopkinton has been harvesting hemp intended for smokable flower, concentrates, tinctures, 1-milligram gummies and 5-milligram lemonades. Co-founder Mike Simpson said the business had emphasized canned drinks because Rhode Island regulations allowed them.

The farm also has pallets of lemonade ready for shipment to licensed liquor stores. The approaching federal deadline leaves the business facing decisions about products that comply with current state rules but exceed the coming national limit.

Mariana Ormonde, the commission’s chief legal counsel, said Rhode Island cannot disregard the federal change. The commission treats hemp separately from cannabis, limiting the state’s ability to preserve its existing hemp THC rules after Dec. 11.