The legislation comes ahead of an impending end-of-year deadline set in the FY 2026 appropriations bill that is expected to remove most currently marketed intoxicating, hemp-derived THC beverages from the legal market by the end of 2026 through the closure of a loophole created by the 2018 Farm Bill.
The 2018 Farm Bill legalized the sale of hemp-derived products containing no more than 0.3 percent delta-9 THC, allowing a “legal” edibles and beverage market to emerge. The 2025 government shutdown reconciliation bill closed this “loophole,” effective in November.
On March 17, 2023, two bipartisan pieces of legislation were introduced to the U.S. House of Representatives with the goal of requiring the U.S. Food and Drug Administration (FDA) to regulate cannabidiol (CBD) products in foods and dietary supplements.
The Farm Bill's recent passing gives a green light for products to include hemp extracts. The legalization of hemp couldn’t come at a better time, as functional beverages—especially those deriving their benefits from plant sources—are rising in popularity.