Industry leaders and lawmakers are forging responses to the looming hemp ban. They include proposals to regulate hemp products and to extend the period before the ban goes into effect.
Faced with a choice between regulation and virtual extinction (or an existence in the black market) in the wake of the looming hemp ban, the hemp industry and its allies are embracing the former. Several industry and legislative proposals for regulation the industry have already appeared. They are discussed below.
And a month after Congress approved the ban—set to go into effect in November 2026—the outlook for the industry is slightly sunnier in the wake of President Trump's executive order calling for rescheduling marijuana, which also included language signaling an openness to working with stakeholders to craft regulations for hemp-derived cannabinoids.
As the executive order states, White House officials "shall work with the Congress to update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products while preserving the Congress’s intent to restrict the sale of products that pose serious health risks. This will include consultation with appropriate executive departments and agencies and authorities to develop a regulatory framework for hemp-derived cannabinoid products, including development of guidance on an upper limit on milligrams of THC per serving with considerations on per container limits and CBD to THC ratio requirements."
Here is what various sectors of the industry are recommending, as well as several legislative vehicles for achieving those aims:
Industry Proposals
The US Hemp Roundtable's Call for an Extended Moratorium on Enforcement of the Hemp Ban
Representing dozens of companies and advocacy groups across the hemp spectrum, the US Hemp Roundtable is calling for an 18-month extension of the hemp ban moratorium, which is scheduled to end in November 2026.
"As part of the backroom deal that reopened government in November," the group notes, "more than 95 percent of hemp products that Americans rely upon for their health and wellness would be treated as Schedule 1 drugs equivalent to heroin. The legislation was crafted to build in a one-year moratorium on its effective date to give time to replace this ban with meaningful regulation of hemp products. Unfortunately, one year is simply not enough time for farmers, state regulators, or the industry to craft a long-term solution that protects consumers. Extending it by an additional 18 months to create a full 2.5-year moratorium is essential."
The Roundtable warns that planting season is coming, "and without clarity from Congress, many will not plant hemp for 2025," putting the entire supply chain at risk. A measure aimed at intoxicating cannabinoids will endanger not only buzzy beverages but also non-intoxicating wellness products, topicals, and industrial materials. And that would endanger thousands of jobs, as well.
"An 18-month extension will provide the time needed for Congress to develop a responsible, bipartisan regulatory framework and for states and farmers to adjust accordingly," the Roundtable concludes.
The Hemp Industry Working Group's Policy Roadmap
The group of industry experts and analysts released a proposed policy roadmap for hemp regulation, Pushing Progress, in October. The authors say their objective in the next farm bill is to "clearly define industrial and floral hemp separately and direct the US Department of Agriculture (USDA) to manage hemp production based on the intended end use of the material. This bifurcation protects agricultural producers growing grain and fiber while establishing a clear regulatory pathway for cannabinoid-producing hemp," they add.
The proposal would require additional language under the Energy & Commerce Committee "to secure a complete solution to the challenges facing today's hemp industry," they note.
The proposed farm bill language would define industrial (fiber, grain) and floral (cannabinoid-producing) hemp and clarify that USDA is in charge of all agricultural hemp production. The farm agency would administer licenses that align crop production with the intended end use. The proposed farm bill language would also raise the total THC threshold for hemp from 0.3 percent to 1.0 percent "to reflect real-world crop variability."
The proposed Energy & Commerce Committee language would divide regulatory authority over hemp products by end use. It would amend the 1994 Dietary Supplement Health and Education Act (DSHEA) to clearly grant the Food & Drug Administration (FDA) authority over non-intoxicating cannabinoids, such as CBD. Intoxicating hemp products would fall under the purview of the Bureau of Alcohol, Tobacco, and Firearms (BATF) Tax and Trade Bureau (TTB). And synthetic cannabinoids—"compounds not naturally present in the cannabis plant"—would continue to be under the authority of the DEA as controlled substances.
Rather than set arbitrary ceilings on the amount of THC allowed per package, the proposed language would require the TTB to set limits, manufacturing standards, labeling, and age restrictions in consultation with the FDA.
"The Farm Bill governs agriculture, not chemistry," the authors conclude. "The confusion facing states, manufacturers, and law enforcement stems from regulatory inaction—not statutory defect. In the wake of Loper Bright [a 2024 Supreme Court decision governing regulatory agencies that shifted power from them to the courts], Congress can no longer rely on vague delegations or agency improvisation. It must now legislate clear, fit-for-purpose authority that distinguishes industrial from floral Hemp and directs oversight based on impairment potential and intended use. A precise, three-lane framework—assigning jurisdiction among FDA, TTB, and DEA—restores regulatory clarity, protects public safety, and provides a durable foundation for America’s evolving hemp economy. "
The Hemp Beverage Alliance's Statement of Principles
The Hemp Beverage Alliance, the trade association of the hemp beverage industry, represents more than 280 producers, distributors, and associated enterprises in the burgeoning field. In a statement of regulatory principles, the group lays out its vision of a sustainable, regulated industry. It identifies the key principles as age restrictions, safety, serving size and potency, labeling, regulatory clarity, and marketplace consistency.
The statement calls for sales of cannabis-infused beverages to be limited to people 21 and over. That will require licensed, trained retailers who will check for age verification prior to sales. It will require suppliers to provide tamper-proof packaging and labeling that clearly indicates the product is for adults only. It will also require that wholesale distributors be licensed to ensure that hemp beverages only go to properly licensed retailers who comply with adults-only retail sale requirements. Businesses engaged in direct-to-consumer sales should also be licensed to ensure compliance with adult-only sales and require proof of age prior to sales.
Under the rubric of ensuring consumer safety, the alliance calls for the use of only cannabinoids derived from hemp, not synthetics. "Synthetic cannabinoids or other artificially derived cannabinoids should be prohibited from use in beverages," the statement says, as should the cannabinoids HHC, THC-O, THC O-acetate, or delta-10 THC. All ingredients, except cannabinoid emulsions, must be FDA-approved. Other active ingredients like caffeine, probiotics, and antioxidants should be labeled and dosed to avoid enhancing THC’s intoxicating effects. And hemp beverages must not contain any alcohol.
When it comes to production, such facilities must meet the minimum standards of quality control required under federal and, when applicable, state law. But hemp beverages could be produced in facilities that also produce marijuana or alcohol products.
The statement also calls for testing of contaminants, as well as testing finished products for the presence and levels of total delta-9-THC, cannabidiol (CBD), cannabidiolic acid (CBD-A), cannbigerol, (CBG), cannabigerolic acid (CBG-A), cannabinol (CBN), and delta-8 THC.
The alliance recommends serving size and potency limits as follows: For ready-to-drink products: no more than 10 mg of delta-9 THC in a container of at least 150 milliliters. For "spirit analog" products in a large format: no more than 5 mg of THC per serving, with a maximum of 1 serving per 47 milliliters of liquid and a minimum container size of 375 milliliters. That container equals 8 servings of beverage containing a combined 40 mg of THC. Ditto for small format "spirit analog" products: no more than 5 mg of THC per serving, with no more than 1 serving per container. Small format containers must be no less than 50 milliliters and no more than 120 milliliters.
Labeling should include a principal display panel that identifies the product consistent with FDA standards, a statement of alcohol content (or identifying the product as containing no alcohol), a total milligram count of all cannabinoids, and a net quantity statement, including the net volume of the container in fluid ounces and milliliters. It should also include an information panel that lists nutrition facts, ingredients, cannabinoid milligram count, any functional ingredients, and the percentage of juice, if applicable.
Labels must not contain any health claims but should include exhortations for the responsible use of hemp beverages, such as "Start low, go slow," and warning of the possible impacts of drinking them, such as "Consuming this product may result in a positive drug test for THC" or "Keep out of the reach of children and pets."
Lastly, the alliance says that while regulations are necessary, they should be "thoughtful, concise, and support consumer safety and industry growth, and if there is no federal regulation, states should work together to develop guidelines that are consistent across states.
Congress
The Cannabinoid Safety and Regulation Act (S. 5243). Filed by Oregon Democratic Sens. Ron Wyden and Jeff Merkley in December, the measure would cap THC at 5 mg per serving and a maximum of 50 mg per container for gummies and other hemp products besides beverages. Beverages could contain up to 10 mg of THC. The federal limits would only apply in states that do not set their own caps.
The bill would also direct the Food & Drug Administration (FDA) to create a Center for Cannabinoid Products to regulate the industry, including testing hemp-derived products for strength and dangerous adulterants and ensuring they are not marketed to children.
The measure "creates a thorough and strict regulatory regime for hemp-derived consumer products to protect public health and safety and keep these products out of the hands of kids," Wyden said in a fact sheet for the bill. "The CSRA sets a federal age limit at 21, sets manufacturing and testing control processes and truth-in-labeling requirements, and bans dangerous chemicals, excessive levels of THC and untested products from the market. Cannabis prohibition has never kept cannabis out of the hands of kids. Robust regulation can give adult consumers a safe, reliable option while disallowing unsafe products."
The hemp beverage industry likes the sound of that: "Hemp beverages are incredibly popular with adult consumers who are seeking additional beverage choices. This legislation allows them to continue to enjoy these beverages while creating a safe, transparent and thriving category," Hemp Beverage Alliance President Christopher Lackner said.
The bill also has the backing of the US Hemp Roundtable and Wine and Spirits Wholesalers of America.
But this is a bill from two Democrats and is thus unlikely to progress in the Republican-controlled Senate.
The Rep. Morgan Griffith Hemp Bill (Discussion Draft). With support from hemp beverage interests, the Virginia Republican representative is circulating a draft of a bill to amend the federal Food, Drug, and Cosmetic Act (FDCA) to provide for the regulation of cannabinoid hemp products. Under the bill, consumable hemp products, including beverages, will be expressly permitted. Hemp beverages with non-intoxicating cannabinoids can contain up to 10 mg per serving, while hemp beverages with intoxicating cannabinoids are limited to .2 mg per serving.
The bill would bar the addition of alcohol, caffeine, tobacco, nicotine, melatonin, or other substances that could enhance or alter the effects of cannabinoids.
It also would provide labeling requirements and tamper-proof packaging, with child safety in mind. It also would bar packaging attractive to minors. And it would implement manufacturing and testing standards for consumable hemp products.
The Hemp Beverage Association likes what it sees so far in this bill, too: "We are thrilled to see positive regulatory language coming out of DC and forward to continuing to work with Rep. Griffith’s office to further develop this legislation," the group said in a news release announcing the draft bill's circulation.
And because this bill is from a Republican, it stands a better chance of moving next year in the Republican-controlled House.
The HEMP (Hemp Economic Mobilization Plan) Act of 2025 (S.2112). Introduced by libertarian-leaning and hemp-friendly Sen. Rand Paul (R-KY) in June, the measure is "a bill to amend the Agricultural Marketing Act of 1946 to modify the definition of hemp, and for other purposes." The bill would amend the act to raise the allowable dry weight THC limit for cannabis to qualify as hemp from 0.3 percent to 1 percent.
It would also broaden the language around testing for THC from "hemp" to "products derived from hemp plants." And it would specify that people transporting hemp must carry documentation showing a) that the hemp was produced under license and b) that the hemp contains less than 1 percent THC by dry weight.
That bill was referred to the Agriculture Committee upon filing in June. It has not moved since.
Sen. Paul fought successfully earlier this year to have the Senate remove hemp ban language that was included in the House version of the 2025 farm bill (H.R.3944) and tried unsuccessfully to block that language when it was included at the last minute in the bill ending the federal government shutdown. His amendment to strip hemp ban language from that bill failed on a vote of 76-24.
The American Hemp Protection Act of 2025 (H.R. 6209). Introduced by Rep. Nancy Mace (R-SC) a week after the hemp ban passed, the measure aims to undo the ban and is entitled "a bill to repeal section 781 of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, relating to amendments to the Agricultural Marketing Act of 1946, with respect to hemp." The text of the bill is equally to the point: "Effective November 12, 2025, section 781 of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (Public Law 119–37) is repealed."
Section 781 is the part of the bill to end the government shutdown that includes the hemp ban.
The Mace bill was referred to the House Committee on Agriculture on November 20.
Mace has long been a proponent of broader cannabis reform, filing the States Reform Act (H.R. 5977) in 2021. That bill would have legalized marijuana. It would also have limited the role of the Food & Drug Administration (FDA) in regulating interstate marijuana commerce to ensure that "the regulatory issues harming the industrial hemp-derived CBD industry will not be repeated in the cannabis space." It would also have left regulation of cannabis agriculture to the Department of Agriculture, "mirror[ing] the treatment of industrial hemp under the 2018 farm bill." And it would have set an age limit of 21 for the consumption of all cannabis products, with an exception for medical use.
That bill passed out of a number of subcommittees but died without a committee vote after being sent to the Senate Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security nearly a year after it was introduced.
Whether any of these bills end up being the final vehicle for enacting regulation of the hemp industry remains to be seen. But the impetus from the White House in favor of regulation and the tendency for congressional Republicans to follow the White House's lead suggests that regulation—not prohibition—is coming.