Congress Limits The “Hemp High” And What This Means For Brewers

Congress Limits The “Hemp High” And What This Means For Brewers

|November 18th, 2025|

Close-up of a glass of a yellow cannabis beverage on a table, surrounded by dark green cannabis leaves

Congress just approved the FY 2026 Agriculture and FDA funding bill, and tucked inside it are major updates to federal hemp laws. The new rules officially kick in a year from now — but the ripple effects are already being felt.

Back in 2018, the Farm Bill opened the door for hemp-based products by removing hemp from the federal list of controlled substances. That move sparked today’s booming market for THC-infused drinks, gummies, and other hemp-derived products. But Congress is now drawing new lines.

Under the updated definition, any hemp-derived product can contain no more than 0.4 milligrams of THC — a drastic cut compared to what’s in hemp beverages today. The bill also bans synthetic cannabinoids, which have fueled much of the current “intoxicating hemp” trend.

Federal agencies like the USDA and FDA have a year to figure out the details before enforcement starts in late 2026. Lawmakers are expected to keep debating how to create a national framework for these products — one that could avoid an outright ban on hemp-based intoxicants.

What These Hemp Limits Mean for Brewers

For brewers experimenting with hemp ingredients, this is a big shift. Anything containing more than 0.4 mg of THC will be off-limits under federal law once the new rules take effect. However, hemp grain, seed, and oil will still be perfectly legal to use in beers and other beverages.

The one-year grace period gives breweries and suppliers time to adjust recipes, sourcing, and marketing plans. It also opens a window for industry groups to work with Congress on a more flexible regulatory path — one that might save some of the innovation happening in the hemp-infused drinks space.

According to our friends at the Brewers Association “these changes will directly affect how small and independent breweries operate.”

“To make sure brewers’ voices are heard, the brewers Association is calling for its members to join them at  2026 Hill Climb in Washington, D.C. (February 24–25), an action they explain as a “key opportunity to meet with lawmakers and discuss how shifting hemp rules impact the craft beer world.”

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