The 2018 Farm Bill legalized hemp with less than 0.3% delta-9 THC, creating the framework for today’s hemp-derived cannabinoids, including beverages and edibles. However, the parties involved may not have anticipated the rise of hemp products (delta-8, hemp-derived delta-9, THCA) that have exploded in popularity.
In the pending 2024/2025 Farm Bill and related appropriations bills, lawmakers are pushing to redefine hemp to include “total THC” (delta-9 plus THCA and other precursors) and restrict products to non-intoxicating cannabinoids. Amendments like the “Miller Amendment” and language in House/Senate committees would effectively ban most hemp-derived THC consumables, including many beverages and edibles, unless they follow new federal rules. Bipartisan Senate proposals and House appropriations measures have advanced, though no final law has passed. Some proposals also include a one-year transition period before enforcement.
For the booming hemp beverage and edibles market, this represents both risk and opportunity. If passed, many current products could be removed from the market or forced into stricter frameworks resembling alcohol: 21+ age limits, licensing, potency caps, and clear labeling. Industry advocates argue for regulated access rather than outright bans, while opponents of intoxicating hemp push for tighter control.
Until a Farm Bill is finalized, the status quo remains—but states are acting independently, with some banning these products and others building regulatory models. Cannabis Edibles and Drink Review will keep you posted as this continues to evolve.