Congress’ Hemp Ban Explained
The federal ban on hemp-derived products was passed in November 2025 and is set to go into effect in November 2026. The ban affects currently legal hemp-infused food and drink products that have less than 0.3% delta-9 THC by bringing down the legal THC limit for these products to a total 0.4 mg per package. This trace amount of THC will affect almost all edible hemp products, even those with formulations that are mostly CBD. While state-wide recreational and medical cannabis products will remain unaffected, this ban will affect a wide range of products and companies that have helped grow a burgeoning hemp-derived food and beverage industry.
Opportunity for the Hemp Beverage Industry
Under fair and consistent regulation, the evidence is clear that hemp beverages could easily become the top growth category in adult drinks within five years. We’ve seen wholesalers expand portfolios, liquor stores dedicating more shelf space and consumers driving record foot traffic. And while it may seem like a FDA ban will be a limiting factor in the growth of the hemp-derived beverage industry, proper per-serving and packaging regulations can still ensure continued success. Importantly, this success can come without the safety risks consumers face from the existing flaws in the current state of the industry.
Unregulated THC-Infused Products Are Not Safe
Currently, there are a number of issues with regulation and standards in the hemp-derived food and beverage space, including inaccurate labeling for some products, dosage and serving variations and a huge variety in formulations that can cause inconsistency in testing and overall potency. Perhaps most importantly, a quick image search reveals how some players in our current hemp market are getting it wrong. Products like THC-infused “Sour Patch Kids,” “Nerds Clusters,” and “Gushers” are sold in bags with 500-milligrams worth of THC and packaging that is nearly indistinguishable from products marketed towards children. Clearly, there is room for regulatory improvement here.
THC-Infused Drinks vs. Alcohol
To get regulation right, why not draw on what already works? By looking to the well-established alcohol market, producers and regulators of hemp-derived beverages can create an easy outline for potency and legal purchasing. While it can be difficult to compare THC-infused drinks with alcohol, some basic equivalencies can be made:A 5 mg hemp beverage has about the same effect as a 12 oz. beer
A 10 mg hemp beverage has about the same effect as a glass or two of wine
Responsible consumers and those looking to try hemp-derived beverages don’t want to get wrecked on a single beverage or a full package of misleading labeled THC candy. Using 5- and 10-mg THC serving sizes for beverages helps ensure safety while providing an enjoyable experience at the same time. To see these kinds of regulations in action, and how they can be framed to fuel success in the hemp-infused industry, we can look to Lagersmith’s home state of Minnesota.
How Minnesota Got THC Drink Regulation Right
The 2018 Farm Bill legalized hemp containing less than 0.3% THC by dry weight, unintentionally opening the door for “hemp-derived” THC. Four years later, Minnesota lawmakers — aiming to regulate delta-8 and CBD edibles — passed language that also legalized hemp-derived delta-9 THC. What followed was remarkable: the Minnesota hemp industry self-regulated. Manufacturers voluntarily avoided oversized doses and worked collaboratively with regulators. No epidemic of overdoses, no spike in youth access, no wildly inaccurate potency labeling.
In contrast, in regions like Texas and Wisconsin, unregulated markets were flooded with 100- to 1,000-mg edibles, often mislabeled, packaged like candy or untested. Those abuses triggered outrage and paved the way for today’s Congressional hemp ban.
In July 2022, Minnesota passed state statute 151.72. This statute capped hemp edibles and beverages at 5 mg of THC per serving and 50 mg of THC per package. The result? A thriving, regulated hemp beverage scene and a national model for safe, low-dose hemp consumption based on a simple outline:
Clear, low-dose THC limits
Established distribution channels
Complete stakeholder buy-in
Why Hemp Beverages Are Here To Stay
In the immediate aftermath of the COVID-19 pandemic, local craft breweries were struggling to stay afloat. Hemp became a lifeline for these breweries. They began producing hemp seltzers that allowed them to keep their tanks full, doors open and employees working.
Today, industry estimates suggest hemp-THC beverage sales exceed $350 million in Minnesota alone (Brightfield Group 2024), with many breweries reporting over half of their production tied to hemp beverages.
The Minnesota Craft Brewers Guild championed this evolution — advocating not just for beer, but for breweries. Hemp drinks didn’t replace beer; they diversified revenue and saved jobs. The hemp ban could put this progress and success in jeopardy, but there is a saving grace: the ban doesn’t take effect for 12 months. This isn’t a death sentence for all the companies that have come to rely and celebrate the hemp-derived beverage industry. Congress is effectively saying “get your house in order.” Now it is up to industry leaders and innovators to take the lead in creating a safer, better regulated, and thriving hemp-derived beverage industry.
See What Lagersmith Can Do for Your THC Beverage Brand
Lagersmith is proud to partner with THC beverage brands to help elevate their products and provide clear, regulation-ready packaging. Create an account with us today or reach out directly with your wholesale aluminum beverage canning needs.
