The Continuing Appropriations and Extensions Act of 2026, signed into law on November 12, 2025, fundamentally redefined hemp at the federal level and set a timeline to close the “Farm Bill loophole.”

First, it shifted from a delta-9 THC standard to a “total THC” standard, capturing compounds such as delta-8 and THCA that had previously avoided regulation. Second, it imposed a strict cap of 0.4 milligrams of THC per container for finished products, a threshold far below what most hemp-based beverages currently contain. Third, it explicitly excluded synthetic and chemically converted cannabinoids from the definition of legal hemp.

Taken together, these changes will render illegal the vast majority of existing hemp-derived cannabinoid products should enforcement begin as scheduled on November 12, 2026. The policy represents the most significant federal shift since 2018, effectively moving toward prohibition of intoxicating hemp rather than regulation.

As Congress hurtles towards November, lawmakers are advancing several competing legislative approaches that reflect different philosophies: prohibition, delay, state-led flexibility, and comprehensive federal regulation. The Brewers Association views these bills through our Principals for Cannabis and Intoxicating Hemp Products.

Hemp Safety Enforcement Act (S. 4315). Introduced by Sens. Rand Paul (R-KY) and Amy Klobuchar (D-MN), the Hemp Safety Enforcement Act seeks to preserve state and Tribal authority over hemp and hemp-derived products rather than impose a uniform federal ban. While it promotes coordinated federal-state regulation, the bill fails to establish strong national baselines for age-gating, labeling, production standards, health claims, and potency limits. The Brewers Association views these safeguards as central to a responsible market.

Hemp Planting Predictability Act (S. 3686/H.R. 7024). The Hemp Planting Predictability Act, introduced in the House by Reps. Jim Baird (R-IN), James Comer (R-KY), Gabe Evans (R-CO), Tim Moore (R-NC), and Angie Craig (D-MN), alongside Sens. Amy Klobuchar (D-MN), Rand Paul (R-KY), and Jeff Merkley (D-OR), would delay implementation of the FY2026 agriculture appropriations hemp restrictions from November 12, 2026, to November 12, 2028. This bill is best understood as a timing measure, not a full regulatory framework. It would give farmers, processors, retailers, and regulators two additional years to adjust, but it would not create national rules on product safety, labeling, youth access, manufacturing, enforcement, or taxation. Against our criteria, it scores well on predictability and market stability, but poorly on consumer protection unless paired with broader legislation.

Cannabinoid Safety and Regulation Act (CSRA) (S. 3474). The Cannabinoid Safety and Regulation Act, introduced by Sens. Ron Wyden (D-OR) and Jeff Merkley (D-OR), takes the most comprehensive federal regulatory approach. It would keep hemp-derived products legal while establishing a federal system for manufacturing controls, testing, truth-in-labeling, and age restrictions. But the CSRA does not establish an excise tax system or container size limits, allows hemp products to be misclassified as dietary supplements, does not create trade practice safeguards, and features a weak, reactive enforcement model.

Hemp Enforcement, Modernization, and Protection (HEMP) Act (H.R. 7212). Introduced by Reps. Morgan Griffith (R-VA), and Marc Veasey (D-TX), the HEMP Act would create an FDA pathway for cannabinoid hemp products intended for human use. Like the Cannabinoid Safety and Regulation Act, it moves toward a national regulatory structure rather than prohibition. It addresses safety, sanitation, labeling, and consumer information, but questions remain about whether FDA rulemaking would include meaningful potency standards, age restrictions, balanced enforcement, and market-access protections for smaller businesses.

FY26 Farm Bill (H.R. 7567). The House-passed 2026 Farm Bill highlights Congress’s fragmented approach to hemp policy by supporting industrial hemp production while declining to address or delay the pending federal crackdown on intoxicating hemp-derived THC products, allowing the November 2026 restrictions to move forward unchanged. This omission misses an opportunity to create a coherent national framework distinguishing non-intoxicating hemp from regulated intoxicating products.

Overall, the strongest path would combine definitional clarity, federal-state coordination, 21-plus sales rules, potency limits, national labeling, FDA-level health-claim review, enforceable safety standards, fair market access, and proportionate taxation. Delay alone is not enough; prohibition alone risks illicit-market growth. A durable solution should regulate intoxicating hemp like a socially sensitive consumer product.

The Brewers Association will continue to engage with lawmakers as the landscape evolves.