After Dec 11, federal law draws the line at total THC: under 0.3% on a dry-weight basis for the plant, and no more than 0.4 mg total THC per container for finished products. Your state can be stricter, and several already are. Start with your state playbook.
What falls outside the federal definition
- High-THCA flower. Total THC counts the THCA, so most of it fails.
- Intoxicating edibles, beverages and vapes over 0.4 mg total THC per container.
- Synthetic or converted cannabinoids, which the new definition excludes.
What survives
- Non-intoxicating CBD products at or under the per-container limit.
- Everything that isn't a cannabinoid: accessories, glass, apparel, and whatever else your customers already buy from you.
How operators are re-merchandising
- Know your mix. What share of sales is in the classes that fall out? That number decides how hard you pivot.
- Talk to your suppliers now about compliant lines and their lead times.
- Keep the relationship. Your customers came for you, not only the product. Tell them what's changing before they hear it elsewhere.
- Watch the date. Congress is still weighing regulation instead of prohibition. If it moves, you'll want to know first.
Product rules are technical, and labels and COAs matter. Confirm specific products with your supplier's lab results and a lawyer. Ask the Desk where a product class stands in your state.
