What a federal ban on THC-infused drinks and snacks could mean for the hemp industry

The brewing industry faces federal scrutiny

The production lines at Indeed Brewing in Minneapolis were busy filling cans of its THC-infused sparkling beverages. These drinks, derived from hemp, have gained popularity in several states where cannabis remains illegal, offering customers a legal alternative to marijuana edibles and beverages. However, their future is uncertain under new federal proposals.

Lawmakers question hemp-derived THC loopholes

Congress is debating the reauthorization of the 2018 Farm Bill, which legalized hemp and products containing less than 0.3% delta-9 THC. Lawmakers from both parties are now concerned that the law unintentionally enabled a booming market in intoxicating products made from hemp's other cannabinoids—most notably delta-8 THC.

Advocates for stricter regulation argue that these products exploit loopholes and have led to unregulated manufacturing environments. Representative Mary Miller, a Republican from Illinois, proposed tightening the definition of legal hemp to exclude any product containing measurable THC.

“Congress never intended to legalize intoxicating hemp products,” Miller said. “We’re closing the loophole that created this dangerous and unregulated market.”

Industry pushback and economic impact concerns

Hemp business owners argue that a federal ban on infused snacks and beverages would devastate a young and thriving sector, costing thousands of jobs and millions in tax revenue. They warn that small producers, who invested heavily in the hemp market after 2018, would face bankruptcy if the ban goes into effect.

Jon Kreidler, co-founder of Indeed Brewing, said such a change would “cripple innovation in beverage production,” particularly in states that depend on hemp-based economies.

Patchwork state laws complicate regulation

While hemp-derived intoxicants remain legal at the federal level, several states have banned or restricted them. Minnesota, for example, allows limited sales of hemp-derived THC edibles and drinks under tight dosage and labeling rules. This regulatory patchwork has made interstate commerce and enforcement increasingly confusing.

“Without clear federal standards, businesses face uncertainty,” said Jonathan Miller, general counsel for the U.S. Hemp Roundtable. “Some states support hemp innovation, while others treat it as illegal marijuana.”

Science, safety, and the public debate

Public health experts caution that the content and potency of many hemp-derived edibles can vary greatly. The FDA has yet to issue comprehensive guidance on testing, packaging, and labeling for hemp THC products. Consumers often cannot easily distinguish between regulated and unregulated items, increasing risks of accidental intoxication, especially among minors.

Industry researchers, however, argue that proper labeling and testing requirements—rather than outright bans—would effectively protect consumers while preserving market freedom.

The uncertain road ahead

With the Farm Bill stalled in Congress, the future of hemp-derived THC remains unclear. If lawmakers adopt language banning intoxicating hemp products, companies producing THC-infused beverages and snacks could lose a core part of their business overnight. Until then, producers continue to operate in legal gray areas, hoping regulation will evolve rather than shut them down.

“We just want fair and transparent rules,” said Kreidler. “Hemp is part of the American agricultural story, not a loophole that needs to be eliminated.”

Author's summary: The debate over hemp-derived THC shows the tension between innovation and safety, as Congress weighs tightening hemp laws that could reshape a thriving U.S. industry.

The Hill on MSN — 2025-11-29