Notice Directly from ODA: Federal Limits for Containers & Recent Federal Hemp Changes
- EARTH Law, LLC
- 2 hours ago
- 3 min read
A new federal spending bill includes several updates to the definition and regulation of hemp at the national level. These changes have prompted questions, so ODA is providing this information to clarify what the federal updates mean for Oregon at this time.
Key Point: Most federal changes do not take effect until November 2026.
During this transition period, Oregon’s hemp program will continue operating under current Oregon laws and rules, including Oregon’s existing definition of total THC.
ODA is also currently accepting public comments on hemp rule updates. These proposed changes were developed before the federal legislation was passed and are not related to the federal changes.
Summary of Federal Changes
The new federal language introduces several shifts:
New federal definition of hemp and total THC
Hemp will be defined as cannabis containing no more than 0.3% total THC on a dry-weight basis.
- Unlike Oregon’s current calculation, the federal bill does not yet specify how total THC must be calculated.
-The federal definition appears to rely on a simple sum of THC, THCA, and other naturally occurring THC isomers—but this has not been confirmed.
Exclusion of synthetic or manufactured cannabinoids
Cannabinoids must naturally occur in the plant to qualify as “hemp-derived.” Cannabinoids created or altered through chemical or synthetic processes would fall outside the hemp definition.
New federal limits for containers
Hemp product “containers” will be limited to no more than 0.4mg total THC on a dry-weight basis.
The bill also defines “container” at the federal level for the first time, with additional details to be provided by the US Food and Drug Administration (FDA).
New definitions for intermediate and final products
For the first time, federal law distinguishes between:
Intermediate hemp-derived products, and
Final hemp-derived cannabinoid products
This distinction has not previously existed in federal statute and may require future alignment in state law or rule.
FDA Directives (90-Day Timeline)
Within 90 days, the FDA must publish:
A list of cannabinoids that naturally occur in Cannabis sativa L.
A list of all naturally occurring tetrahydrocannabinol-class cannabinoids
A list of other known cannabinoids with effects similar to THC
Additional specificity on the federal definition of “container”
These lists and definitions will significantly shape how federal agencies and states interpret and implement the new requirements.
How This Overlaps with Oregon Law
Oregon already uses a total THC standard.
Oregon calculates total THC using:
(delta-9-THCA × 0.877) + delta-9-THC
This formula accounts for the conversion of THCA to delta-9 THC when heated. The new federal language does not clarify whether it will use a similar conversion factor or simply add the raw laboratory values .
Depending on how federal agencies interpret the requirement, the federal definition of “total THC” could become higher or lower than Oregon’s current calculation.
Oregon statute gives ODA flexibility.
ORS 571.269 allows ODA to define THC concentration requirements in rule, giving Oregon room to adjust once federal guidance is released.
Practical Effects for Oregon (Right Now)
No immediate changes are required for Oregon hemp licensees.
ODA’s current rulemaking is not tied to federal legislation.
ODA anticipates that the US Department of Agriculture (USDA) will need to update the national hemp program to reflect the new federal definitions.
Once USDA updates its requirements, ODA will evaluate the changes needed to Oregon’s USDA-approved state plan.
Future impacts could include:
Revised testing requirements, depending on how federal agencies define “total THC.”
Possible movement of some hemp-derived products into Oregon’s adult-use cannabis system (regulated by OLCC).
Market disruption, particularly for products that exceed the 0.4% total THC container limit.
Crop destruction requirements if the USDA directs states to apply the new total THC standard at pre-harvest testing.
Next Steps
ODA is closely reviewing the federal bill and will monitor FDA and USDA actions over the next year. As federal agencies release guidance, ODA will share updates and begin evaluating changes needed to keep Oregon’s program in compliance.
Any future changes to Oregon hemp rules will occur through the public rulemaking process, with opportunities for growers, processors, vendors, and community members to provide input.
If you have questions about the new rules—or need guidance on compliance, labeling, product registration, or strategic planning—EARTH Law, LLC is here to help.
📩 Contact us today to schedule a consultation and ensure your business is prepared for the upcoming changes at info@earthlawllc.com or call us at (541) 362-3946.