Herbal Profiles #92

The Farm Bill subcommittee just voted on a bill that could redefine hemp — putting the future of THC beverages at risk.

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A New Front in the Hemp War: What the Farm Bill Subcommittee Vote Means for THC Beverage Brands

The U.S. House Appropriations Subcommittee on Agriculture just advanced a bill that could reshape, or rather destroy, the hemp-derived THC beverage industry as we know it.

What happened?

On June 5, a subcommittee vote moved forward a Republican-backed FY2026 spending bill that includes controversial language aimed at closing what lawmakers call the “hemp loophole”, the provision in the 2018 Farm Bill that allowed for intoxicating products like Delta-8 and hemp-derived Delta-9 to flourish.

The bill seeks to redefine hemp under federal law, disqualifying products with any “quantifiable” level of THC. This would ban nearly every hemp beverage on the market, no matter how low the dose.

In a press release, Subcommittee Chair Rep. Andy Harris said the goal is to halt the “proliferation of unregulated intoxicating hemp products” and support the agenda of former President Donald Trump.

Why this matters

The stakes go far beyond legislative cleanup, they threaten the future of a booming consumer category. The current legal definition of hemp (≤0.3% Delta-9 THC by dry weight) gave rise to a wave of low-dose, hemp-derived THC drinks marketed as non-alcoholic alternatives, and consumers have embraced them.

As Cultivated News put it, “Closing the loophole without a carveout for the good actors would destroy people’s livelihoods and force many out of work” including brands like Cann, Cantrip, Brēz, Fable, and many others which have found real traction in the market .

How we got here

Rep. Harris has pushed similar language before, most recently in 2023, when a nearly identical provision was ultimately removed from that year’s spending bill. But as chair of the powerful appropriations subcommittee (known as a “Cardinal”), Harris has more leverage than most.

Advocacy groups like the U.S. Hemp Roundtable are calling this a “direct attack” on the legal hemp industry. In their words, the bill would “ban the vast majority of safe, legal hemp-derived products sold nationwide, any product with any ‘quantifiable’ level of THC.”

What’s at stake

The implications for beverage brands are massive. Over the last year, we’ve seen:

  • Retail adoption: Major chains like Total Wine, DoorDash, and even Edible Arrangements have jumped into the hemp beverage market.

  • Venture capital momentum: Investors from Delta Emerald Ventures to Listen Ventures are pouring tens of millions into the space, seeing low-dose beverages as the future of both cannabis and alcohol alternatives.

  • Consumer growth: DoorDash saw a 19% increase in THC drink orders between December and January alone.

But is it game over?

Not yet. A similar attempt failed last year, and even now, industry experts think it’s unlikely this bill will survive the full legislative process. As many folks I am speaking with have stated it is unlikely to make it out of committee.

That said, nobody is taking this lightly. Advocacy organizations are mobilizing. Industry Slack channels lit up with calls to action. And the U.S. Hemp Roundtable is already urging stakeholders to contact lawmakers through their advocacy portal.

What’s next?

The bill now heads to the full House Appropriations Committee. No date has been set for that vote yet.

Until then, brands, retailers, and investors would do well to stay loud, and stay ready. If federal lawmakers want to shut down an entire sector, they better be prepared for a fight.

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