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What goes wrong

The limit was read as a concentration

On this page13
You cannot dilute your way under a per-container limit.

A per-container figure was treated as a concentration

So the response was to dilute, which does nothing. The figure is milligrams combined total per container and the container is the unit.

Or as a per-gram figure

Which would scale with fill and therefore reward a smaller jar. It does not scale with anything.

A larger container was assumed to be more permissive

It is not. A 473 mL jar and a 59 mL jar carry the same per-container ceiling, which is the whole unusual shape of the rule.

And splitting was assumed to be neutral

The same quantity in two containers is two containers. Whether that helps or hurts depends on the arithmetic, but it is not a no-op.

An exclusion was read as a prohibition

The figure sits inside the definition of hemp-derived cannabinoid product as an exclusion for final products. What follows from falling outside that definition is a separate question.

A pending amendment was read as current law

The effective-date note dates it by reference to an enactment rather than printing a date. That is the kind of thing to read directly.

A hemp rule was applied to a state-licensed product

Two regimes, one plant. Nothing on these pages describes what a state-licensed cannabis product may contain.

And a dry weight basis was read as shipped weight

The 0.3 percent is on a dry weight basis, which is the mass with the water out. Drying the flower does not move it and a better seal does not either.

The fix is to read the shape before the number

Per container, per gram, per serving and as a concentration behave completely differently, and the number means nothing without knowing which it is.

A summary was trusted over the text

Including a half-quoted limb. One of the limbs of this exclusion is described rather than quoted on these pages, for exactly that reason, and a summary that reads cleanly is the most likely one to be wrong.

And the two numbers were conflated

The 0.3 percent on a dry weight basis and the per-container figure are different constructions in the same statute. One is diluted, one is counted.

Then go to the source

Every figure on these pages is cited to the statute so that it can be checked, which in this area it should be.

References

7 U.S.C. 1639o as amended by Pub. L. 119-37, division B, title VII, section 781. Inside the definition of "hemp-derived cannabinoid product", an exclusion at (iv) for "any final hemp-derived cannabinoid products containing--" includes a limb reading "(III) greater than 0.4 milligrams combined total per container of-- (aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid)", followed by a further limb covering other cannabinoids with similar effects. This is a pending amendment: the effective-date note reads "the amendment made by section 781(1) and (2) is effective 365 days after the enactment of Pub. L. 119-37, which was approved Nov. 12, 2025." It sits in a definition, not in a packaging regulation, and it concerns hemp-derived cannabinoid products rather than state-licensed cannabis. law.cornell.edu
7 U.S.C. 1639o(1), the definition of hemp as it currently reads: "the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." The pending amendment described above changes the measured quantity to total tetrahydrocannabinols including tetrahydrocannabinolic acid, and leaves the 0.3 percent on a dry weight basis construction in place. law.cornell.edu
Written from 7 U.S.C. 1639o, including the pending amendment made by Pub. L. 119-37 division B title VII section 781, and from the catalog as it stood on 19 October 2026. The per-container figure quoted here sits inside a definition of hemp-derived cannabinoid product as an exclusion, it comes from a pending amendment in a fast-moving area, and it is not a packaging regulation. It says nothing about what a state-licensed cannabis product may contain. Check the current text before relying on any of it. Our smallest container in this group is 30 mL, which is several times what a gram of concentrate needs.