In our previous legal update last month, we outlined language included in one of the appropriations bills which was passed in connection with ending the historic government shutdown. The package contained language that, among other things, recriminalized synthetic or artificially derived cannabinoids and products containing more than .4 mg of total THC combined with any other cannabinoids determined by the FDA to have a similar effect as THC per “container.” These provisions would not take effect for 365 days from the signing of the reopening package, which provides time for reconsideration by lawmakers.

On December 10, 2025 the Cannabinoid Safety and Regulation Act, was introduced by Senators Ron Wyden (D-OR) AND Jeff Merkley (D-OR). Key provisions of this Act include:

1. Testing: Cannabinoid products would need to be tested for safety, including for pesticides, chemical residues, heavy metals, foreign matter, and potency of THC content.
2. Age Gating: Similar to alcohol, the Act mandates regulations to prevent the sale and distribution of cannabinoid products to individuals under 21 years of age.
3. THC Cap: Edible, inhalable, and topical products may not contain more than 5 milligrams of THC per serving and 50 milligrams per container. Drinkable products may not exceed 5 milligrams per serving and 10 milligrams per container.
4. Prohibition on Flavored E-Vaping: The Act prohibits the addition of artificial or natural flavors – such as strawberry, grape, and peach – to electronic cannabinoid product delivery systems (e-vaping). It does, however, permit the addition of added or naturally occurring terpenes so long as the amount of terpenes does not exceed the specified percentages by weight.
5. Amendment to FFDCA to Make Cannabinoids Permitted for Human Consumption: The Act amends the FFDCA so that products containing cannabinoids may fall under the definitions of “food” or “dietary supplement”, provided that the products comply with both the requirements of such definitions in the FFDCA and the requirements established for cannabinoid products under the Act.
6. Specifics for Beverage Framework: The Act requires the Secretary of Agriculture, the Commissioner of Foods and Drugs, the Attorney General, and the Director of the Alcohol and Tobacco Tax and Trade Bureau to jointly publish a report with recommendations for a federal regulatory framework for cannabinoid beverages containing THC. The framework is to be modeled on the federal regulatory framework for alcohol and will delineate responsibilities among various federal agencies for labeling, taxation, manufacturing, and adulteration standards.

Legislation often changes substantially between introduction and passage, and passage of any legislation addressing these issues is not assured. Our team will continue to monitor all related developments. If you have questions about these changes, reach out to Alyssa Samuel, Jeff O’Brien, Alexandria Pontious or your Husch Blackwell attorney.