If you’re a retailer selling hemp derived or marijuana derived THC-infused products, you’re probably feeling the impact of recent Congressional actions. The rules of the game have changed, and it’s more important than ever to understand exactly what you need to do to stay compliant and protect your business.
Lawmakers Introduce Bill to Regulate Hemp Products Ahead of an Impending Ban
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.
Major Changes Ahead for the Hemp Industry: 365-Day Countdown Begins Following Government Shutdown Deal
In the wake of the recent government shutdown, significant changes are on the horizon for the hemp industry. As detailed in a legal update from Husch Blackwell, the congressional package to reopen the government, signed into law on November 12, 2025, includes provisions that will dramatically reshape the legal landscape for hemp-derived products—though these changes
The Devil Is in the Details, and So Is the Gross Margin: How Detailed Regulatory Strategy Can Make or Break Investment for Early-Stage Hemp Beverage Brands
Hemp-derived THC beverages comprise one of the fastest-growing beverage categories in the United States right now. With Circle K and Target recently announcing market entry the industry is quickly reaching mainstream status and creating interest for more brands to enter the space. At the same time states across the country are quickly enacting legislation to regulate these products in vastly different ways, creating a unique set of challenges for early-stage companies.
Minnesota and Lower Potency Hemp Edibles
On the heels of the 2018 Farm Bill, some states have opted to regulate hemp-derived cannabinoid consumer products. One of the early movers in this area is the State of Minnesota. The regulations in Minnesota for hemp-derived cannabinoid products (as well as licensing for them) are changing, with licensing opening up this fall. Interestingly, Minnesota has adopted a sort of hybridized cannabis and hemp program, in which cannabis licensees can also access and sell “lower-potency hemp edibles” (“LPHE”) made outside of the heavily regulated cannabis license supply chain.
Is Alcohol-Style Federal Regulation Coming for THC Beverages?
Unless you’ve been living under a rock, you know that “THC beverages” derived from hemp have exploded across America (at least in states where they are allowed by law). Time and again, due to the legal ambiguities and limitations posed by the 2018 Farm Bill, the THC beverage industry has advocated for regulation at both the state and federal levels. While certain states are eager to regulate this segment of the cannabis industry (see Minnesota, for example), others are not, and Congress has yet to take meaningful action on regulation.
THC Beverage Makers and Distributors: Top 5 Concerns for 2025
In the past couple of weeks, I have been contacted by a few major news outlets about the legality of “THC beverages”. While it sounds like you can only find these products in a state-licensed cannabis dispensary, reporters are calling me about hemp-derived THC beverages that are cropping up for sale online and in major liquor stores across the country. Hemp-derived THC beverages are alcohol-free/non-alcoholic (“AF/NA”) drinks that are infused with delta-9 THC derived from hemp, usually along with other intoxicating cannabinoids, so that these beverages produce psychoactive effects without legally being dubbed “marijuana.”
How?