{"time":1766440307043,"blocks":[{"id":"AO0fcO6DWo","type":"paragraph","data":{"text":"Faced with a choice between regulation and\nvirtual extinction (or an existence in the black market) in the wake of the\nlooming hemp ban, the hemp industry and its allies are embracing the former. Several\nindustry and legislative proposals for regulation the industry have already\nappeared. They are discussed below. "}},{"id":"5cr7qjK70m","type":"paragraph","data":{"text":"And a month after Congress approved the\nban—set to go into effect in November 2026—the outlook for the industry is\nslightly sunnier in the wake of President Trump's executive\norder calling for rescheduling marijuana, which also included language signaling an\nopenness to working with stakeholders to craft regulations for hemp-derived\ncannabinoids. "}},{"id":"7I9JbOeADd","type":"paragraph","data":{"text":"As the executive order states, White House\nofficials \"shall work with the Congress to update the statutory definition\nof final hemp-derived cannabinoid products to allow Americans to benefit from\naccess to appropriate full-spectrum CBD products while preserving the\nCongress’s intent to restrict the sale of products that pose serious health\nrisks. This will include consultation with appropriate executive departments\nand agencies and authorities to develop a regulatory framework for hemp-derived\ncannabinoid products, including development of guidance on an upper limit on\nmilligrams of THC per serving with considerations on per container limits and\nCBD to THC ratio requirements.\""}},{"id":"0vxTBES-wN","type":"paragraph","data":{"text":"Here is what various sectors of the\nindustry are recommending, as well as several legislative vehicles for\nachieving those aims:"}},{"id":"pqRwX7FOGq","type":"paragraph","data":{"text":"Industry Proposals"}},{"id":"SFlXExi8XQ","type":"paragraph","data":{"text":"The US Hemp Roundtable's Call for an\nExtended Moratorium on Enforcement of the Hemp Ban"}},{"id":"Gt0pCnrXsO","type":"paragraph","data":{"text":"Representing dozens of companies and\nadvocacy groups across the hemp spectrum, the US Hemp Roundtable is calling for\nan 18-month extension of the hemp ban moratorium, which is scheduled to end in\nNovember 2026. "}},{"id":"-20RIIIb50","type":"paragraph","data":{"text":"\"As part of the backroom deal that\nreopened government in November,\" the group notes, \"more than 95\npercent of hemp products that Americans rely upon for their health and wellness\nwould be treated as Schedule 1 drugs equivalent to heroin. The\nlegislation was crafted to build in a one-year moratorium on its effective date\nto give time to replace this ban with meaningful regulation of hemp\nproducts. Unfortunately, one year is simply not enough time for farmers,\nstate regulators, or the industry to craft a long-term solution that protects\nconsumers. Extending it by an additional 18 months to create a full 2.5-year\nmoratorium is essential.\""}},{"id":"YxKH9BaaG-","type":"paragraph","data":{"text":"The Roundtable warns that planting season\nis coming, \"and without clarity from Congress, many will not plant hemp\nfor 2025,\" putting the entire supply chain at risk. A measure aimed at\nintoxicating cannabinoids will endanger not only buzzy beverages but also\nnon-intoxicating wellness products, topicals, and industrial materials. And\nthat would endanger thousands of jobs, as well. "}},{"id":"tGXLgfzeFm","type":"paragraph","data":{"text":"\"An 18-month extension will provide\nthe time needed for Congress to develop a responsible, bipartisan regulatory\nframework and for states and farmers to adjust accordingly,\" the\nRoundtable concludes. "}},{"id":"d3FnWg9FmW","type":"paragraph","data":{"text":"The Hemp Industry Working Group's Policy\nRoadmap"}},{"id":"9pujaYXKxy","type":"paragraph","data":{"text":"The group of industry experts and analysts\nreleased a proposed policy roadmap for hemp regulation, Pushing Progress, in October. The authors say their\nobjective in the next farm bill is to \"clearly define industrial and\nfloral hemp separately and direct the US Department of Agriculture (USDA) to\nmanage hemp production based on the intended end use of the material. This\nbifurcation protects agricultural producers growing grain and fiber while\nestablishing a clear regulatory pathway for cannabinoid-producing hemp,\"\nthey add. "}},{"id":"548epMECdA","type":"paragraph","data":{"text":"The proposal would require additional\nlanguage under the Energy & Commerce Committee \"to secure a complete\nsolution to the challenges facing today's hemp industry,\" they note. "}},{"id":"NlcWVfxDUg","type":"paragraph","data":{"text":"The proposed farm bill language would\ndefine industrial (fiber, grain) and floral (cannabinoid-producing) hemp and\nclarify that USDA is in charge of all agricultural hemp production. The farm\nagency would administer licenses that align crop production with the intended\nend use. The proposed farm bill language would also raise the total THC\nthreshold for hemp from 0.3 percent to 1.0 percent \"to reflect real-world\ncrop variability.\""}},{"id":"bIj8o5jwOg","type":"paragraph","data":{"text":"The proposed Energy & Commerce\nCommittee language would divide regulatory authority over hemp products by end\nuse. It would amend the 1994 Dietary Supplement Health and Education Act\n(DSHEA) to clearly grant the Food & Drug Administration (FDA) authority\nover non-intoxicating cannabinoids, such as CBD. Intoxicating hemp products\nwould fall under the purview of the Bureau of Alcohol, Tobacco, and Firearms\n(BATF) Tax and Trade Bureau (TTB). And synthetic cannabinoids—\"compounds\nnot naturally present in the cannabis plant\"—would continue to be under\nthe authority of the DEA as controlled substances. "}},{"id":"U8MYAjhBky","type":"paragraph","data":{"text":"Rather than set arbitrary ceilings on the\namount of THC allowed per package, the proposed language would require the TTB\nto set limits, manufacturing standards, labeling, and age restrictions in\nconsultation with the FDA. "}},{"id":"1R-rtuqMDN","type":"paragraph","data":{"text":"\"The Farm Bill governs agriculture,\nnot chemistry,\" the authors conclude. \"The confusion facing states,\nmanufacturers, and law enforcement stems from regulatory inaction—not statutory\ndefect. In the wake of Loper Bright [a 2024 Supreme Court decision\ngoverning regulatory agencies that shifted power from them to the courts],\nCongress can no longer rely on vague delegations or agency improvisation. \nIt must now legislate clear, fit-for-purpose authority that distinguishes\nindustrial from floral Hemp and directs oversight based on impairment potential\nand intended use. A precise, three-lane framework—assigning jurisdiction\namong FDA, TTB, and DEA—restores regulatory clarity, protects public safety,\nand provides a durable foundation for America’s evolving hemp\neconomy. \""}},{"id":"_IBGBaWvZt","type":"paragraph","data":{"text":"The Hemp Beverage Alliance's Statement of\nPrinciples"}},{"id":"KBJHCpSVrq","type":"paragraph","data":{"text":"The Hemp Beverage Alliance, the trade\nassociation of the hemp beverage industry, represents more than 280 producers,\ndistributors, and associated enterprises in the burgeoning field. In\na statement of\nregulatory principles, the group lays out its vision of a sustainable,\nregulated industry. It identifies the key principles as age restrictions,\nsafety, serving size and potency, labeling, regulatory clarity, and marketplace\nconsistency. "}},{"id":"0iARjPV5Po","type":"paragraph","data":{"text":"The statement calls for sales of\ncannabis-infused beverages to be limited to people 21 and over. That will\nrequire licensed, trained retailers who will check for age verification prior\nto sales. It will require suppliers to provide tamper-proof packaging and\nlabeling that clearly indicates the product is for adults only. It will also\nrequire that wholesale distributors be licensed to ensure that hemp beverages\nonly go to properly licensed retailers who comply with adults-only retail sale\nrequirements. Businesses engaged in direct-to-consumer sales should also be\nlicensed to ensure compliance with adult-only sales and require proof of age\nprior to sales. "}},{"id":"85xUaaYhYl","type":"paragraph","data":{"text":"Under the rubric of ensuring consumer\nsafety, the alliance calls for the use of only cannabinoids derived from hemp,\nnot synthetics. \"Synthetic cannabinoids or other artificially derived\ncannabinoids should be prohibited from use in beverages,\" the statement\nsays, as should the cannabinoids HHC, THC-O, THC O-acetate, or delta-10 THC. All ingredients, except cannabinoid emulsions, must be\nFDA-approved. Other active ingredients like caffeine, probiotics, and\nantioxidants should be labeled and dosed to avoid enhancing THC’s intoxicating\neffects. And hemp beverages must\nnot contain any alcohol. "}},{"id":"ORAoPwBn4e","type":"paragraph","data":{"text":"When it comes to production, such\nfacilities must meet the minimum standards of quality control required under\nfederal and, when applicable, state law. But hemp beverages could be produced\nin facilities that also produce marijuana or alcohol products. "}},{"id":"xFvof4EmmL","type":"paragraph","data":{"text":"The statement also calls for testing of\ncontaminants, as well as testing finished products for the presence and levels\nof total delta-9-THC, cannabidiol (CBD), cannabidiolic acid (CBD-A),\ncannbigerol, (CBG), cannabigerolic acid (CBG-A), cannabinol (CBN), and delta-8\nTHC. "}},{"id":"W0-zye5epN","type":"paragraph","data":{"text":"The alliance recommends serving size and\npotency limits as follows: For ready-to-drink products: no more than 10 mg of\ndelta-9 THC in a container of at least 150 milliliters. For \"spirit\nanalog\" products in a large format: no more than 5 mg of THC per serving,\nwith a maximum of 1 serving per 47 milliliters of liquid and a minimum\ncontainer size of 375 milliliters. That container equals 8 servings of beverage\ncontaining a combined 40 mg of THC. Ditto for small format \"spirit\nanalog\" products: no more than 5 mg of THC per serving, with no more than\n1 serving per container. Small format containers must be no less than 50\nmilliliters and no more than 120 milliliters."}},{"id":"372ny1eQ-Q","type":"paragraph","data":{"text":"Labeling should include a principal\ndisplay panel that identifies the product consistent with FDA standards, a\nstatement of alcohol content (or identifying the product as containing no\nalcohol), a total milligram count of all cannabinoids, and a net quantity\nstatement, including the net volume of the container in fluid ounces and\nmilliliters. It should also include an information panel that lists nutrition\nfacts, ingredients, cannabinoid milligram count, any functional ingredients,\nand the percentage of juice, if applicable. "}},{"id":"cSr2oXidrv","type":"paragraph","data":{"text":"Labels must not contain any health claims\nbut should include exhortations for the responsible use of hemp beverages, such\nas \"Start low, go slow,\" and warning of the possible impacts of\ndrinking them, such as \"Consuming this product may result in a positive\ndrug test for THC\" or \"Keep out of the reach of children and\npets.\""}},{"id":"1z8fVITHU2","type":"paragraph","data":{"text":"Lastly, the alliance says that while\nregulations are necessary, they should be \"thoughtful, concise, and\nsupport consumer safety and industry growth, and if there is no federal\nregulation, states should work together to develop guidelines that are consistent\nacross states."}},{"id":"-8kHYUzswP","type":"paragraph","data":{"text":"Congress"}},{"id":"HlNFGHBZHN","type":"paragraph","data":{"text":"The Cannabinoid Safety and Regulation Act\n(S.\n5243). Filed by Oregon Democratic Sens. Ron Wyden and Jeff\nMerkley in December, the measure would cap THC at 5 mg per serving and a\nmaximum of 50 mg per container for gummies and other hemp products besides\nbeverages. Beverages could contain up to 10 mg of THC. The federal limits would\nonly apply in states that do not set their own caps. "}},{"id":"jbYZo2GXxl","type":"paragraph","data":{"text":"The bill would also direct the Food &\nDrug Administration (FDA) to create a Center for Cannabinoid Products to\nregulate the industry, including testing hemp-derived products for strength and\ndangerous adulterants and ensuring they are not marketed to children. "}},{"id":"qspyKjLnD5","type":"paragraph","data":{"text":"The measure \"creates a thorough and\nstrict regulatory regime for hemp-derived consumer products to protect public\nhealth and safety and keep these products out of the hands of kids,\" Wyden\nsaid in a fact\nsheet for the bill. \"The CSRA sets a federal age limit at 21, sets\nmanufacturing and testing control processes and truth-in-labeling requirements,\nand bans dangerous chemicals, excessive levels of THC and untested products\nfrom the market. Cannabis prohibition has never kept cannabis out of the hands\nof kids. Robust regulation can give adult consumers a safe, reliable option\nwhile disallowing unsafe products.\""}},{"id":"NlkzTuBeTZ","type":"paragraph","data":{"text":"The hemp beverage industry likes the sound\nof that: \"Hemp beverages are incredibly popular with adult consumers who\nare seeking additional beverage choices. This legislation allows them to\ncontinue to enjoy these beverages while creating a safe, transparent and\nthriving category,\" Hemp Beverage Alliance President Christopher\nLackner said."}},{"id":"RpBWaQnHHu","type":"paragraph","data":{"text":"The bill also has the backing of the US\nHemp Roundtable and Wine and Spirits Wholesalers of America. "}},{"id":"566Zdstx5P","type":"paragraph","data":{"text":"But this is a bill from two Democrats and\nis thus unlikely to progress in the Republican-controlled Senate. "}},{"id":"eD639U_MFo","type":"paragraph","data":{"text":"The Rep. Morgan Griffith Hemp Bill (Discussion\nDraft). With support from hemp beverage interests, the Virginia\nRepublican representative is circulating a draft of a bill to amend the federal\nFood, Drug, and Cosmetic Act (FDCA) to provide for the regulation of\ncannabinoid hemp products. Under the bill, consumable hemp products, including\nbeverages, will be expressly permitted. Hemp beverages with non-intoxicating\ncannabinoids can contain up to 10 mg per serving, while hemp beverages with\nintoxicating cannabinoids are limited to .2 mg per serving."}},{"id":"qQE3O66ea3","type":"paragraph","data":{"text":"The bill would bar the addition of\nalcohol, caffeine, tobacco, nicotine, melatonin, or other substances that could\nenhance or alter the effects of cannabinoids. "}},{"id":"-JQ5LaO29q","type":"paragraph","data":{"text":"It also would provide labeling\nrequirements and tamper-proof packaging, with child safety in mind. It also\nwould bar packaging attractive to minors. And it would implement manufacturing\nand testing standards for consumable hemp products. "}},{"id":"4viTuFrBP3","type":"paragraph","data":{"text":"The Hemp Beverage Association likes what\nit sees so far in this bill, too: \"We are thrilled to see positive\nregulatory language coming out of DC and forward to continuing to work with\nRep. Griffith’s office to further develop this legislation,\" the group\nsaid in a news\nrelease announcing the draft bill's circulation. "}},{"id":"zCxjDzP_4P","type":"paragraph","data":{"text":"And because this bill is from a\nRepublican, it stands a better chance of moving next year in the\nRepublican-controlled House."}},{"id":"5EvNWPx4Cx","type":"paragraph","data":{"text":"The HEMP (Hemp Economic Mobilization Plan)\nAct of 2025 (S.2112). Introduced\nby libertarian-leaning and hemp-friendly Sen. Rand Paul (R-KY) in June, the\nmeasure is \"a bill to amend the Agricultural Marketing Act of 1946 to\nmodify the definition of hemp, and for other purposes.\" The bill would\namend the act to raise the allowable dry weight THC limit for cannabis to\nqualify as hemp from 0.3 percent to 1 percent. "}},{"id":"Ly-WvZMiAu","type":"paragraph","data":{"text":"It would also broaden the language around\ntesting for THC from \"hemp\" to \"products derived from hemp\nplants.\" And it would specify that people transporting hemp must carry\ndocumentation showing a) that the hemp was produced under license and b) that\nthe hemp contains less than 1 percent THC by dry weight. "}},{"id":"y0n_AqF2Hh","type":"paragraph","data":{"text":"That bill was referred to the Agriculture\nCommittee upon filing in June. It has not moved since. "}},{"id":"4FcZcYDLvg","type":"paragraph","data":{"text":"Sen. Paul fought successfully earlier this\nyear to have the Senate remove hemp ban language that was included in the House\nversion of the 2025 farm bill (H.R.3944)\nand tried unsuccessfully to block that language when it was included at the\nlast minute in the bill ending the federal government shutdown. His amendment\nto strip hemp ban language from that bill failed on a vote of 76-24."}},{"id":"je3NrdKGaa","type":"paragraph","data":{"text":"The American Hemp Protection Act of 2025 (H.R.\n6209). Introduced by Rep. Nancy Mace (R-SC) a week after the hemp\nban passed, the measure aims to undo the ban and is entitled \"a bill to\nrepeal section 781 of the Continuing Appropriations, Agriculture, Legislative\nBranch, Military Construction and Veterans Affairs, and Extensions Act, 2026,\nrelating to amendments to the Agricultural Marketing Act of 1946, with respect\nto hemp.\" The text of the bill is equally to the point: \"Effective\nNovember 12, 2025, section 781 of the Continuing Appropriations, Agriculture, Legislative\nBranch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (Public\nLaw 119–37) is repealed.\""}},{"id":"G6ClaQa0-k","type":"paragraph","data":{"text":"Section 781 is the part of the bill to end\nthe government shutdown that includes the hemp ban. "}},{"id":"zN-y09JC3M","type":"paragraph","data":{"text":"The Mace bill was referred to the House\nCommittee on Agriculture on November 20. "}},{"id":"b0ZIWsllAr","type":"paragraph","data":{"text":"Mace has long been a proponent of broader\ncannabis reform, filing the States Reform Act (H.R.\n5977) in 2021. That bill would have legalized marijuana. It would also have\nlimited the role of the Food & Drug Administration (FDA) in regulating\ninterstate marijuana commerce to ensure that \"the regulatory issues\nharming the industrial hemp-derived CBD industry will not be repeated in the\ncannabis space.\" It would also have left regulation of cannabis\nagriculture to the Department of Agriculture, \"mirror[ing] the treatment\nof industrial hemp under the 2018 farm bill.\" And it would have set an age\nlimit of 21 for the consumption of all cannabis products, with an exception for\nmedical use."}},{"id":"WNLXNSpzWB","type":"paragraph","data":{"text":"That bill passed out of a number of\nsubcommittees but died without a committee vote after being sent to the Senate\nJudiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security\nnearly a year after it was introduced. "}},{"id":"lzzZvt7Nd-","type":"paragraph","data":{"text":"Whether any of these bills end up being\nthe final vehicle for enacting regulation of the hemp industry remains to be\nseen. But the impetus from the White House in favor of regulation and the\ntendency for congressional Republicans to follow the White House's lead\nsuggests that regulation—not prohibition—is coming. "}}],"version":"2.31.0"}

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