When does the federal hemp THC ban take effect?

December 11, 2026, under Public Law 119-103. From that date, finished hemp products may contain no more than 0.4 mg of total THC per container, and converted (semi-synthetic) cannabinoids are excluded from hemp. Products with cannabinoids the plant cannot make naturally lose hemp status earlier, on November 12, 2026.

Is there a bill to regulate THC drinks like alcohol?

Yes. H.R. 10079, the Beverage Regulatory Parity Act, introduced August 10, 2026, would exempt hemp beverages from the 0.4 mg cap, limit them to 5 mg of THC per serving, require TTB permits, set a national 21+ age and add a federal excise tax. As of October 5, 2026 it is in committee.

Is there a bill to delay the hemp ban?

The Hemp Planting Predictability Act (H.R. 7024 / S. 3686) would delay the change to November 12, 2028. A shorter delay, to December 11, 2026, already became law in Public Law 119-103. The two-year bill has not advanced past committee.

Does marijuana rescheduling make THC drinks legal?

No. Executive Order 14370 and the April 28, 2026 DEA order moved FDA-approved marijuana drugs and state-licensed medical marijuana to Schedule III. It does not change the rules for hemp-derived THC drinks or make adult-use marijuana federally legal.

Federal Hemp THC Bill Tracker: Every Bill That Could Change THC Drinks

By the HempBeverages.com Editorial Team · Reviewed by Jason Hurkmans · Status checked against Congress.gov records on October 5, 2026

Short answer: Federal law will limit hemp products to 0.4 mg of total THC per container starting December 11, 2026. Nearly every THC drink sold today has 2.5 to 10 mg per can, so unless Congress acts again, they lose federal hemp status that day. Products containing cannabinoids the plant cannot make naturally lose it earlier, on November 12, 2026.

Several bills would delay the change or regulate THC drinks like alcohol instead. As of October 5, 2026, none of them has moved past committee.

Key dates

Dec 20, 2018The 2018 Farm Bill legalizes hemp, defined as 0.3% or less Delta-9 THC by dry weight. Finished drinks are not capped.
Nov 12, 2025Public Law 119-37 (H.R. 5371, §781) rewrites the hemp definition: total THC including THCA, no converted or synthetic cannabinoids, and no more than 0.4 mg THC per container in a finished product. Set to take effect one year later.
Dec 18, 2025Executive Order 14370 directs the Justice Department to move marijuana to Schedule III. It does not change the hemp rules.
Sep 2, 2026Public Law 119-103 (H.R. 6500, §2019) delays most of the change to December 11, 2026. The Senate rejected an amendment to keep the November date, 61–32, and passed the bill 90–6.
Nov 12, 2026Products containing cannabinoids that the hemp plant cannot produce naturally lose federal hemp status.
Dec 11, 2026The 0.4 mg-per-container cap and the ban on converted (semi-synthetic) cannabinoids take effect. This is also the day current federal funding runs out, so the next funding bill is the most likely place for any further change.

Why you may see December 12: the statute says the old rules apply "until December 11, 2026." Most law firms and Congress members read that as the change taking effect on December 11; the Wine & Spirits Wholesalers of America cites December 12. We use December 11, the earlier and safer date.

Bills in Congress

H.R. 10079: Beverage Regulatory Parity Act

In committee

Would regulate low-dose hemp drinks like other adult beverages instead of banning them.

Sponsors: Rep. Beth Van Duyne (R-TX), with Rep. Greg Landsman (D-OH); 4 cosponsors
Introduced: August 10, 2026; referred to Energy and Commerce and to Ways and Means
What it does: Exempts hemp beverages from the 0.4 mg cap; limits them to 5 mg of THC per serving (plus up to 5 mg of other natural cannabinoids); requires federal TTB permits for makers and distributors; sets a national 21+ age; bans synthetic and converted cannabinoids; requires U.S.-grown hemp; adds a federal excise tax of 8 cents per mg of THC. States keep the right to ban or restrict sales.
For a 10 mg can: Would need to be reformulated to 5 mg per serving.

H.R. 7024 / S. 3686: Hemp Planting Predictability Act

In committee

Would push the hemp redefinition back two years, to November 12, 2028.

Sponsors: Rep. Jim Baird (R-IN), 40 cosponsors; Sen. Amy Klobuchar (D-MN), with Sens. Rand Paul and Jeff Merkley
Introduced: January 13 and 15, 2026; House Agriculture (Forestry and Horticulture Subcommittee) and Senate Agriculture
What happened: A shorter version of this delay, to December 11, 2026, became law in Public Law 119-103. The two-year bill itself has not advanced.
For a 10 mg can: Would stay federally legal as hemp until November 2028.

S. 3474: Cannabinoid Safety and Regulation Act

In committee

Would create an FDA framework for hemp cannabinoid products.

Sponsor: Sen. Ron Wyden (D-OR), with Sens. Merkley and Tina Smith
Introduced: December 15, 2025; Senate HELP Committee
What it does: Sets a 21+ age, testing and labeling standards; bans synthetic cannabinoids; where a state has no rules, caps edibles at 5 mg per serving and 50 mg per container; orders federal agencies to recommend an alcohol-style framework for THC beverages.
For a 10 mg can: Would likely need to drop to 5 mg per serving in states without their own rules.

H.R. 7212: Hemp Enforcement, Modernization, and Protection Act

In committee

Would create a new federal food-and-drug chapter for "cannabinoid hemp products."

Sponsor: Rep. Morgan Griffith (R-VA), with Rep. Marc Veasey (D-TX); 7 cosponsors
Introduced: January 22, 2026; Energy and Commerce
What it does: Facility registration, product listing, testing, recall authority and a 21+ age. HHS would set potency limits by rule; if it does not within three years, oral products default to 10 mg per serving and 50 mg per package.
For a 10 mg can: Could stay at 10 mg, depending on the limits HHS sets.

S. 2112: Hemp Economic Mobilization Plan (HEMP) Act

In committee

A farm-focused bill aimed at growers.

Sponsor: Sen. Rand Paul (R-KY)
Introduced: June 18, 2025; Senate Agriculture
What it does: Raises the plant THC limit from 0.3% to 1% and changes testing rules. It amends the older definition and does not address the new per-container cap.
For a 10 mg can: Does not on its own fix the 0.4 mg cap.

Other framework bills have been reported but not yet acted on, including a delay-and-regulate bill from Rep. James Comer (R-KY) and a legalize-and-tax bill from Reps. Andy Barr (R-KY) and Angie Craig (D-MN). We will add them here once they have bill numbers and text we can check.

How the proposals compare

Question	Current law (from Dec 11)	H.R. 10079	S. 3474	H.R. 7212
THC drinks allowed?	Only ≤0.4 mg per container	Yes, ≤5 mg per serving	Yes, with limits	Yes, limits set by HHS
Converted / synthetic THC	Excluded from hemp	Banned	Synthetics banned	Regulated by rule
National 21+ age	No	Yes	Yes	Yes
Main regulator	USDA (plant only)	TTB, with FDA	FDA	FDA
States can still ban	Yes	Yes	Yes	Yes

What about marijuana rescheduling?

Executive Order 14370 led to a final DEA order on April 28, 2026 moving FDA-approved marijuana drugs and state-licensed medical marijuana to Schedule III. Broader rescheduling went to a hearing in June and July 2026; on September 29, 2026 the judge paused his recommended decision while reviewing a new GAO report. None of this applies to hemp drinks, and it does not make adult-use marijuana federally legal.

What this means if you buy THC drinks

Through December 10, 2026, hemp THC drinks remain sold under the current federal definition. State rules still apply; check your state guide.
Read the label. Drinks made with naturally derived Delta-9 THC are the ones every pending bill would keep; converted and synthetic THC is excluded under every proposal. See how to read a THC drink label and our glossary.
For our own plans and what happens to orders, see December 11, 2026: what the federal hemp law means for THC drinks.

We update this page when a bill moves. It is a plain-English summary, not legal advice.

Sources

Public Law 119-37, Div. B §781 (Nov 12, 2025): govinfo.gov
Public Law 119-103, Div. B §2019 (Sep 2, 2026): govinfo.gov
H.R. 10079: congress.gov
H.R. 7024: congress.gov; S. 3686: congress.gov
S. 3474: congress.gov
H.R. 7212: congress.gov
S. 2112: congress.gov
Executive Order 14370: whitehouse.gov
DEA final order, Apr 28, 2026: federalregister.gov
Senate vote on the delay (Aug 8, 2026): Marijuana Moment
Rescheduling hearing paused (Sep 30, 2026): Vicente LLP
Other framework bills (Sep 2, 2026): Marijuana Moment