Analysis: Congress Closes Loophole That Led to Hemp-Based THC Drinks
Industry Pushing Back; Seeks Federal Solution During Grace Period
November 19, 2025
Legal Expert Doesn’t Expect Pending Ban to Kill Fast-Growing Hemp THC Sector
The agreement to open the US government last week included a potential beverage industry casualty — hemp-based THC drinks. As part of the deal, Congress and President Donald Trump closed a loophole embedded in the 2018 agriculture act that previously legalized hemp farming. Last week’s law will effectively ban hemp-based THC drinks a year from now, following a grace period. The loophole in the 2018 act has unintentionally led to the proliferation of ready-to-drink canned beverages infused with psychoactive hemp-based THC, mostly by way of a cannabinoid called Delta-9. Manufacturers have...