By Rhode Island Hemp Market Faces Federal Deadline
Rhode Island regulators say they are holding off on new guidance for the state’s hemp businesses as a federal restriction on hemp-derived THC products approaches. Starting December 11, federal law will prohibit the sale of hemp-derived cannabinoid products containing more than 0.4 milligrams of total THC per container.
The state’s Cannabis Control Commission issued a September 11 bulletin warning that any product over the new limit will be considered noncompliant and subject to administrative penalties “including but not limited to monetary fines.”
“Licensees are strongly encouraged to review their current inventory, assess their products against the new federal limit, and begin planning for the December 11 deadline,” the commission advised in an accompanying email.
Existing regulations adopted by the Cannabis Control Commission in 2025 allow all products to contain up to 1 milligram of total THC per serving, or 5 milligrams of total THC per package. The new federal limit is stricter than what the state’s rules permit.
Mariana Ormonde, chief legal counsel for the commission, said the state’s hands are tied when it comes to changes made at the federal level.
Regulators Wait on Washington
“We kind of have to wait and see what the federal government does before we can…advise our licensees,” Ormonde said in an interview with Rhode Island Current, as reported by Christopher Shea.
“The reality of the situation is we can’t treat hemp like cannabis because it’s not cannabis,” Ormonde said in an interview.
Hemp became legal at the federal level after the passage of the 2018 Farm Bill, allowing products with a THC concentration of 0.3 percent or lower by dry weight. That original definition did not account for ways to convert the plant to produce higher potency, paving the way for hemp-derived THC products like infused drinks.
“That’s kind of what opened up Pandora’s box,” Ormonde said.
Congress moved to close the potency loophole as part of legislation to reopen the federal government after last year’s shutdown, just months after Rhode Island formally adopted its hemp rules.
Growers and Sellers Brace for Impact
Rhode Island’s regulated hemp market generated $2.85 million in sales in 2025, according to data provided by the state’s Cannabis Control Commission. THC-infused drinks and seltzers accounted for $2.36 million, or about 83 percent of the total.
The state had 201 licensed hemp businesses as of October 1, including 169 retailers.
Mike Simpson, co-founder of Lovewell Farms in Hopkinton, said the commission’s guidance raises questions about pallets of THC lemonade cans stored on the farm, ready to ship to Rhode Island liquor stores.
“The idea that we would just kind of throw all that out without even engaging in a deeper conversation with the community or the industry is wild,” Simpson said in an interview.
Liquor stores have been licensed to sell hemp-derived beverages in Rhode Island for the past two years.
