top of page

The latest news, trends, analysis, interviews and podcasts from the global food and beverage industry

FoodBev Media Logo
Nov - Food Bev - Website Banner - TIJ vs TTO 300x250.gif
Access more as a FoodBev subscriber

Sign up to FoodBev and unlock more insights from the international food and beverage industry. Subscribers have access to webinars, newsletters, publications and more...

Melissa Bradshaw

Melissa Bradshaw

4 August 2026

US Senate legislation includes potential delay on hemp THC beverage ban

US Senate legislation includes potential delay on hemp THC beverage ban

The US Senate has released a continuing resolution (CR) that, if passed, would extend the federal hemp THC ban from 12 November to 11 December.


The ban, passed in last year’s spending bill, is set to significantly restrict products containing hemp-derived THC that can be legally sold in the US. This includes a range of THC food and beverage products such as gummies and beverages – a market that has grown rapidly in recent years.


THC (tetrahydrocannabinol) is a psychoactive compound found in cannabis plants. Drinks containing THC have surged in popularity in the US adult and functional beverages market, as consumer drinking behaviours evolve and young adults seek alternatives to alcohol.


Under the new legislation, hemp products would be limited to a maximum of 0.4mg of THC per container. This will mean that most THC beverages, which typically contain between 2-5mg per can, will no longer be permitted for sale on the market.


The new CR would expire on 11 December, with the government funding extension providing opportunities for hemp farmers and product manufacturers to negotiate with lawmakers on a long-term solution – a move that has been welcomed by members of the industry.


If the new legislation is passed, only a ban on synthetic cannabinoids (rather than those naturally derived from the cannabis plant) will come into effect on the November date.


The US Hemp Roundtable praised the extension, writing in a statement: “We are grateful to bipartisan coalition of lawmakers who worked to ensure the hemp industry was not left behind in these critical funding negotiations”.


“This action provides Congress with additional time to develop a thoughtful, long-term approach to hemp policy rather than allowing a sweeping ban to take effect without fully considering its impact on American agriculture, small businesses and consumers.”


Tina Smith, US Democratic Senator from Minnesota – who pushed for a delay of the ban – commented: “Minnesota has created one of the strongest, most carefully regulated systems in the country to allow the sale of hemp products. The initial ban set to take place was ill-advised and would have hurt both hemp farmers and Minnesota breweries alike.”


She added: “While helpful to hemp farmers, brewers and consumers, we still need to work towards a long-term solution that will allow for the industry to move forward.”

bottom of page