Track the enacted November 12 and December 11 federal timeline, the temporary Section 2019 extension, beverage-specific proposals, broader hemp bills, and what these developments mean for hemp beverage businesses.
This page separates what is already law from what Congress is considering. Proposed bills and reported developments are clearly labeled so readers can see what has actually changed and what has not.
Reviewed and verified: • Latest federal tracker development: (additional H.R. 10079 cosponsorship). Maintained by Next Level Leaf. This page is educational and is not legal advice.
The temporary Section 781 extension is now law. President Trump signed H.R. 6500 on September 2 as Public Law 119-103. Until December 11, Section 781 applies only to the specified intermediate and final products containing cannabinoids that are not capable of being naturally produced by Cannabis sativa L. The broader Section 781 changes are held back until December 11 unless Congress changes the law again.
Enacted September 2: President Trump signed H.R. 6500, the Continuing Appropriations and Extensions Act, 2027, as Public Law 119-103.
November 12: Section 2019 says that until December 11, the Section 781 amendments apply only to products described in clauses (1)(C)(ii)(I) and (1)(C)(iv)(I) of the amended hemp definition. Those clauses cover intermediate and final hemp-derived cannabinoid products containing cannabinoids that are not capable of being naturally produced by Cannabis sativa L.
December 11: The temporary Section 2019 limitation ends. Unless Congress changes the law again, the broader Section 781 amendments would then apply, including the separate provisions for plant-capable cannabinoids synthesized or manufactured outside the plant and the finished-product 0.4 milligram combined-per-container threshold.
Beverage Regulatory Parity Act: H.R. 10079 remains in committee. Public legislative records indicate Rep. Derrick Van Orden joined as a cosponsor on September 21, bringing the bill to four cosponsors in addition to sponsor Beth Van Duyne. No committee vote has occurred.
Lawful Hemp Protection Act: H.R. 9830 remains in committee with seven cosponsors in addition to sponsor Andy Barr. No committee vote or later status-changing action was identified in this September 23 review.
Hemp Planting Predictability Act: H.R. 7024 remains pending. Current public legislative data shows 40 cosponsors, and the bill was referred to the House Agriculture Subcommittee on Forestry and Horticulture on May 20. It has not passed the House.
Farm Bill: The Senate Agriculture Committee advanced the Agricultural Act of 2026 on September 16. NLL's search of the posted 983-page committee text found no occurrence of the word “hemp,” so that posted version does not itself provide a Section 781 solution. Later amendments or separate legislation could still change that.
FDA status: NLL did not locate the required Section 781 cannabinoid-list or container publication in FDA or Federal Register materials reviewed through September 23. CRS had already reported that the publication remained outstanding as of August 2026.
Industry source watch: The Hemp Beverage Alliance is now part of NLL's monitored industry-source set. Its current public materials describe December 11 as the operating federal deadline for the beverage category while separately noting November 12 treatment for synthetic cannabinoids. HBA is an industry advocacy source, not controlling legal authority.
Public Law 119-103 resolved the immediate question of whether Congress would create additional time. The remaining debate is over what, if anything, replaces or further delays the broader Section 781 framework when the temporary limitation ends.
The Beverage Regulatory Parity Act would create a dedicated federal pathway for qualifying hemp-derived beverages, including a 5 mg intoxicating-THC-per-serving limit, TTB permitting, three-tier distribution, testing, labeling, age-21 rules, and an excise tax. It remains in committee.
The Lawful Hemp Protection Act would repeal Section 781 and replace it with a broader federal regulatory structure for hemp-derived cannabinoid products. It remains in committee with no committee vote.
The Hemp Planting Predictability Act would target a three-year Section 781 implementation period. It has 40 cosponsors and a House Agriculture subcommittee referral but has not passed the House.
Farm Bill watch: the Senate Agriculture Committee advanced the Agricultural Act of 2026 on September 16, but NLL's search of the posted committee text found no hemp-specific provision. That makes the currently posted Farm Bill text a separate agriculture vehicle, not yet a Section 781 solution.
Senator Ted Budd opposed the temporary hemp delay and sought to remove Section 2019 from the Senate package. The Senate rejected that effort, the House later accepted the Senate amendments, and President Trump signed the measure on September 2.
Budd argued against postponing the Section 781 restrictions and sought to remove the temporary extension from the funding package.
The Senate voted 61–32 to table Budd Amendment 6747, which would have struck Section 2019.
The continuing resolution then passed the Senate with the one-month partial hemp extension intact.
On September 1, the House accepted the Senate amendments without removing Section 2019.
H.R. 6500 became Public Law 119-103, making Section 2019's temporary limitation part of current federal law.
The enacted extension is temporary. Congress would need another law to create a longer delay, repeal Section 781, or establish a replacement regulatory framework.
What this means now: the fight over whether the one-month extension would become law is over. The next federal fight concerns the rules that will apply after the temporary Section 2019 window ends.
President Trump signed H.R. 6500 on September 2, 2026. Section 2019 does not simply replace November 12 with a new effective date. Instead, it temporarily limits which Section 781 amendments apply before December 11.
Beginning November 12, Section 781 applies to the specified intermediate and final products containing cannabinoids that are not capable of being naturally produced by Cannabis sativa L.
Section 2019 says that until December 11, the Section 781 amendments apply only to the two specified non-naturally-producible-cannabinoid clauses.
The finished-product 0.4 milligram combined-per-container clause is not one of the two provisions Section 2019 makes applicable before December 11.
The separate clauses for cannabinoids capable of natural production but synthesized or manufactured outside the plant are not among the two provisions made applicable before December 11.
Public Law 119-103 does not establish FDA authorization, override state restrictions, approve a formulation, or create a complete national beverage regulatory pathway.
Unless Congress enacts another change, the broader Section 781 amendments would begin applying when the temporary Section 2019 limitation ends.
Practical beverage implication: for a conventional hemp-derived delta-9 beverage, the finished-product 0.4 milligram-per-container clause is not among the provisions that Section 2019 makes applicable before December 11. That does not by itself establish FDA compliance, state-law compliance, or the legality of a specific formulation.
Section 2019 states that until December 11 the Section 781 amendments “shall only apply” to two specified clauses. That structure is narrower and more precise than saying every part of Section 781 was simply moved from November 12 to December 11.
Enactment record: the Senate passed H.R. 6500 on August 8, the House concurred in the Senate amendments 370–48 on September 1, and the President signed the measure September 2 as Public Law 119-103.
H.R. 10079, the Beverage Regulatory Parity Act, was introduced August 10, 2026, by Rep. Beth Van Duyne with original cosponsor Rep. Greg Landsman and referred to the House Energy and Commerce and Ways and Means Committees. Reps. Susie Lee and Josh Gottheimer joined August 20, and current public legislative records indicate Rep. Derrick Van Orden joined September 21. The bill remains proposed legislation and has not received a committee vote.
The draft expressly provides that Section 781's per-container intoxicating-cannabinoid limit would not apply to a hemp-derived beverage that complies with the bill's serving requirements.
The draft provides a protected manufacturing pathway for qualifying intermediate hemp-derived cannabinoid materials used to manufacture compliant beverages, subject to specified conditions.
The draft defines a qualifying hemp-derived beverage as containing no more than 5 mg of total intoxicating tetrahydrocannabinol content per serving.
H.R. 10079 as introduced separately states that the beverage may not contain more than 5 mg of non-tetrahydrocannabinol naturally occurring cannabinoids. In the bill text, the words "per serving" appear with the 5 mg intoxicating-THC limit but are not attached to this separate non-THC cannabinoid clause—a drafting distinction particularly relevant to CBD and CBG formulations.
The proposal includes TTB-related manufacturer and wholesaler permits, a three-tier manufacturer → wholesaler → retailer distribution structure, and federal manufacturing and testing requirements.
The draft creates nationwide age-21 requirements, federal labeling and advertising standards, and product safety controls.
The draft restricts synthetically derived cannabinoids and includes an adulteration provision addressing added substances (such as alcohol, caffeine, tobacco, nicotine, or melatonin) when, as determined by the Secretary, combined with cannabinoids could interact with or alter/enhance cannabinoid effects in a harmful manner.
The proposal imposes a federal excise tax of $0.08 per milligram of intoxicating THC on compliant hemp-derived beverages.
Proposed tax calculation: 5 mg × $0.08 = $0.40 proposed federal excise tax per 5 mg beverage. Make no mistake: this tax is proposed legislation, not current federal law.
Industry position: The Hemp Beverage Alliance publicly supports H.R. 10079 and an alcohol-style federal regulatory structure for hemp beverages. HBA is an industry advocacy source; its support is relevant to the political environment but does not change the bill's legal status.
Marijuana Moment reported on July 29 that Rep. James Comer was circulating a seven-page hemp proposal and published the document through DocumentCloud. NLL's September 23 review did not locate a formal bill number, Congress.gov/GovInfo bill record, committee filing, or enacted version matching that circulated draft. The provisions below describe the published draft, not current law.
The draft would prevent Section 781 from taking effect until one year after FDA publishes the cannabinoid lists and guidance on the meaning of “container” required by Public Law 119-37. FDA was directed to complete that work within 90 days of enactment.
Consumable hemp cannabinoid products could not be sold to people under 21.
Covered products would have to be derived exclusively from hemp cultivated and processed in the United States.
Consumable products could contain only cannabinoids capable of being naturally produced by the cannabis plant, narrowing the pathway for synthetic or artificially modified compounds.
HHS would be directed to establish uniform manufacturing and testing standards, including independent laboratory testing and good manufacturing practices.
The draft would address child-resistant packaging, youth-oriented or imitation branding, and QR codes linking consumers to laboratory results.
Why the delay mechanism matters: because FDA has not yet completed the required lists and container guidance, tying implementation to that work could move the effective date substantially beyond November 12, 2026 if the proposal were introduced and enacted. The draft does not itself establish a permanent federal milligram limit for beverages.
H.R. 9830 is a formally introduced, comprehensive replacement framework with FDA, Treasury, and TTB responsibilities, federal beverage taxes, permits, and a three-tier distribution system. The Comer draft is shorter and functions primarily as a delay-and-baseline-regulation proposal. The two should not be described as the same bill or combined into one legislative status.
Rep. Andy Barr introduced H.R. 9830 on July 22, 2026, with Rep. Angie Craig as an original cosponsor. Reps. Tim Moore and Marc Veasey joined July 30; Reps. Gabe Evans and Josh Gottheimer joined August 20; and Reps. Jim Baird and Betty McCollum joined August 31. Current congressional-data listings therefore show seven cosponsors in addition to sponsor Andy Barr. The bill remains in committee with no committee vote. The points below describe what H.R. 9830 would do if enacted; they are not current requirements.
The bill would expressly repeal Section 781 and define hemp using no more than 1 percent total tetrahydrocannabinol, including THCA, on a dry-weight basis. It would separately protect unfinished hemp-cannabinoid ingredients moving between permitted supply-chain participants.
Covered hemp-derived cannabinoid products would be treated as food under the Federal Food, Drug, and Cosmetic Act, with an express category for hemp-derived cannabinoid dietary supplements. HHS would establish cannabinoid limits through notice-and-comment rulemaking within 12 months.
If federal limits are not established within 12 months, the bill would default to 5 mg total THC per serving for oral products and 50 mg per serving for inhalable and topical products until alternative limits are adopted.
The proposal would prohibit sale, possession, or consumption by people under 21 and require products entering interstate commerce to come exclusively from hemp cultivated, processed, finished, packaged, and labeled in the United States.
Labels would disclose THC per serving and package, warnings, cannabinoid content above a nominal level, and a QR code or web address leading to a COA. Products would be tested in final consumer form by ISO/IEC 17025-accredited laboratories for cannabinoid content, key components, and potential contaminants.
The bill would establish Treasury and TTB permits for manufacturers and hemp-beverage wholesalers, a manufacturer-wholesaler-retailer distribution structure, a beverage excise tax of 5 cents per milligram of THC, a 5 percent tax on other cannabinoid products, and a separate 5 percent tax on manufacturer sales revenue.
Direct beverage-cost implication: the proposed federal beverage excise tax alone would equal $0.25 on a 5 mg beverage and $0.50 on a 10 mg beverage. That would be in addition to the bill's manufacturer-sales tax and any applicable state or local obligations. The tax and three-tier provisions are likely to be major commercial negotiation points.
H.R. 9830 would allow states, territories, and Tribes to enact and enforce rules that are more stringent than the federal framework. It would protect passage and delivery of federally compliant products through state borders, but it would not create one exclusive national retail rule or erase state licensing, dose, channel, or product restrictions.
The introduced text would allow Medicare Advantage plans, subject to federal criteria, to include hemp-derived cannabinoid products as a special supplemental benefit for chronically ill beneficiaries; create impaired-driving standards based on field-sobriety evaluation rather than requiring a per se blood threshold; restrict synthetic and artificially modified cannabinoids; and preserve business-to-business movement of unfinished cannabinoid ingredients among permitted operators.
H.R. 9830 remains referred to four House committees. The August 31 additions increased bipartisan cosponsor support to seven cosponsors in addition to sponsor Andy Barr, but no committee vote or later legislative action changing the bill's status was identified through the September 23 review.
The Goodness of Hemp Act is an industry-developed federal policy framework led by the National Hemp Association. The initiative continues to advocate for a comprehensive federal hemp framework, and a September 6 NHA update expressly stated that the proposal had not yet been introduced as legislation. It should therefore be understood as an advocacy framework, not a pending congressional bill.
The framework would place hemp cultivation under USDA, cannabinoid wellness products and supplements under FDA, and products marketed to impair—including intoxicating hemp beverages—under TTB-style oversight.
The campaign site describes final-form hemp products at no more than 3.7 mg THC per serving. Beverage-industry reporting describes the proposed beverage standard as 3.7 mg of intoxicating cannabinoids per 8 ounces and 15 mg per container.
The framework would prohibit synthetic compounds, limit conversion technologies, and would not authorize inhalables, raw flower or pre-roll consumer products, or systemic skin-delivery products.
It proposes interim limits, testing, COAs, warnings, child-resistant packaging for oral products, age restrictions, adverse-event reporting, recall authority, and continued state control over in-state sale and retail regulation.
Products intended for impairment would be subject to an excise-tax structure, with portions of revenue directed toward road safety, state compliance, farmer assistance, research, supply-chain development, and market promotion.
The framework also addresses industrial hemp, animal feed, certified seed systems, farmer support, domestic infrastructure, and marketing-order authority beyond the cannabinoid beverage market.
12-ounce beverage calculation: if the reported 3.7 mg-per-8-ounce formula is applied proportionally, a 12-ounce serving would equal approximately 5.55 mg, subject to the separately reported 15 mg-per-container ceiling. A standard single-serving 10 mg can would not fit that reported per-volume limit unless the framework changes or the serving structure is treated differently. This is a calculation based on a proposed framework, not a current legal limit.
The framework is one of the clearest industry-backed alternatives built specifically around USDA, FDA, and TTB jurisdiction and explicit beverage-dose concepts. Its commercial importance does not change its legal status: it is not enacted law, not an introduced bill, and not a substitute for tracking H.R. 9830 or the Comer draft separately.
On November 12, 2025, the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 was signed into law as Public Law 119-37. Section 781 of Division B amends the federal definition of hemp, effective 365 days after enactment.
Current overlay: Public Law 119-103 now limits the application of the Section 781 amendments until December 11, 2026, to the two specified clauses covering intermediate and final products containing cannabinoids that are not capable of being naturally produced by Cannabis sativa L.
The amended definition uses total tetrahydrocannabinols and expressly includes THCA. USDA's separate hemp production rules calculate potential total THC with the formula Total THC = (0.877 × THCA) + delta-9 THC, but Section 781 itself does not prescribe a finished-product conversion formula.
A final hemp-derived cannabinoid product is excluded when it contains more than 0.4 milligrams combined total per container of total tetrahydrocannabinols, including THCA, and other cannabinoids determined to have, or marketed as having similar effects.
The amended definition excludes cannabinoids synthesized or manufactured outside the plant. This may include certain converted delta-8 THC and HHC products depending on how they were produced; the exclusion turns on production method, not only the cannabinoid name.
What counts as a container? Section 781 defines it as the innermost wrapping, packaging, or vessel in direct contact with the retail product. For a canned beverage, the can is the container. A 5 mg can exceeds 0.4 mg by 12.5 times.
The USDA hemp-production rules in 7 CFR Part 990 use post decarboxylation or similarly reliable testing and account for THCA when determining total THC in hemp production. Section 781 moves a total-tetrahydrocannabinols standard into the statutory definition and applies a separate milligram-per-container test to finished hemp-derived cannabinoid products.
A product that no longer qualifies as hemp loses the protections associated with treatment as hemp under federal law, including federal interstate-commerce protections applicable to hemp. The precise Controlled Substances Act and other federal consequences for a specific product depend on its composition and on which Section 781 provisions are applicable at that time.
Section 781 directed FDA, in consultation with other relevant federal agencies, to publish within 90 days lists addressing cannabinoids naturally produced by Cannabis sativa L., tetrahydrocannabinol-class cannabinoids, other cannabinoids with similar effects, and additional information about the statutory term “container.” Congressional Research Service report IF13136 stated that this publication had not been issued as of August 2026. NLL did not locate a later Section 781 cannabinoid-list or container publication in FDA or Federal Register materials reviewed through September 23, 2026. For the current legal-status summary, see Current Federal Status.
Federal legislation last verified September 23, 2026. H.R. 6500 is now Public Law 119-103, which temporarily limits most Section 781 amendments until December 11. H.R. 10079 remains a beverage-specific proposal and added another cosponsor in September. H.R. 9830 remains a broader replacement proposal. H.R. 7024 has accumulated 40 cosponsors and remains pending in House Agriculture. The circulated Comer draft and Goodness of Hemp framework remain tracked separately because they are not introduced or enacted legislation.
Scope note: H.R. 6500 is no longer a pending legislative vehicle; it is enacted law. H.R. 9770 is retained only as a historical funding proposal that was superseded by the enacted H.R. 6500 package. H.R. 9830, H.R. 10079, H.R. 7024, H.R. 7010, S. 3686, H.R. 7212, S. 3474 and S. 4315 remain separate pending proposals with different regulatory approaches.
| Bill | Relationship to Section 781 | Introduced | Latest verified action |
|---|---|---|---|
| H.R. 10079: Beverage Regulatory Parity Act Reps. Beth Van Duyne and Greg Landsman |
Proposed beverage-specific federal framework. Would exempt compliant beverages from Section 781's per-container limit, protect intermediate manufacturing materials, limit total intoxicating THC to 5 mg per serving, set a separate 5 mg non-THC naturally occurring cannabinoid clause, establish TTB permitting, a three-tier distribution structure, testing and labeling rules, age-21 requirements, and a $0.08/mg proposed excise tax. | August 10, 2026 | In Committee Referred to House Energy and Commerce and Ways and Means. Public legislative records indicate four cosponsors: Greg Landsman, Susie Lee, Josh Gottheimer, and Derrick Van Orden. Van Orden joined September 21. No committee vote has occurred. |
| H.R. 6500 / Public Law 119-103: Continuing Appropriations and Extensions Act, 2027 | Enacted Section 2019 temporarily limits the application of the Section 781 amendments until December 11 to the two clauses covering intermediate and final products containing cannabinoids that are not capable of being naturally produced by Cannabis sativa L. | Senate passage August 8; House concurrence September 1; signed September 2, 2026 | Enacted — Public Law 119-103 President Trump signed H.R. 6500 on September 2, 2026. Section 2019 is current federal law. |
| H.R. 9770: Continuing Appropriations Act, 2027 House-passed CR proposal |
Earlier House-passed continuing-resolution proposal that did not contain the enacted Section 2019 hemp extension. It is retained here as legislative history; the current federal timeline is controlled by Public Law 119-103. | July 21, 2026 | Historical / Superseded Passed the House 220–205 on July 21. Congress later enacted H.R. 6500 instead. |
| H.R. 9830: Lawful Hemp Protection Act Rep. Andy Barr; cosponsor Rep. Angie Craig |
Would repeal Section 781, define hemp at no more than 1 percent total THC including THCA on a dry-weight basis, create FDA and TTB oversight, establish a 21+ standard, require U.S.-only sourcing and final-product testing, and create a federal tax and distribution system for hemp beverages. | July 22, 2026 | In Committee Referred to House Ways and Means, Energy and Commerce, Agriculture, and Transportation and Infrastructure. Public legislative records show seven cosponsors in addition to sponsor Andy Barr. No committee vote has occurred. |
| H.R. 7010: Section 781 implementation delay Rep. Jim Baird |
Would replace Section 781's 365-day implementation period with three years, moving the effective date to November 12, 2028. | January 12, 2026 | In Committee Referred to the House Agriculture Subcommittee on Forestry and Horticulture on May 20. Four cosponsors are listed in current public legislative records. |
| H.R. 7024: Hemp Planting Predictability Act Rep. Jim Baird |
Parallel House proposal that would replace the 365-day implementation period with three years, moving the effective date to November 12, 2028. | January 13, 2026 | In Committee Referred to the House Agriculture Subcommittee on Forestry and Horticulture on May 20. Current public legislative data shows 40 cosponsors. The bill has not passed the House. |
| S. 3686: Hemp Planting Predictability Act Sen. Amy Klobuchar |
Senate proposal with the same three-year implementation change. | January 15, 2026 | Introduced Read twice and referred to the Senate Committee on Agriculture, Nutrition, and Forestry. |
| H.R. 6209: American Hemp Protection Act of 2025 Rep. Nancy Mace |
Would repeal Section 781, with the bill text making the repeal effective November 12, 2025. | November 20, 2025 | Introduced Referred to the House Committee on Agriculture. |
| S. 3474: Cannabinoid Safety and Regulation Act Sen. Ron Wyden |
Would establish a federal cannabinoid regulatory framework. It authorizes standards that may include, for drinkable products in states without their own serving-size law, 5 mg THC per serving and 10 mg per container, and would prohibit sales to people under 21. | December 15, 2025 | Introduced Read twice and referred to the Senate Committee on Health, Education, Labor, and Pensions. |
| H.R. 7212: Hemp Enforcement, Modernization, and Protection Act Rep. Morgan Griffith |
Would create an FDA regulatory framework for cannabinoid hemp products, including oral products and beverages, with labeling, testing, registration, packaging, minimum-age, and future cannabinoid-content standards. It does not directly postpone Section 781's effective date. | January 22, 2026 | Introduced Referred to the House Committee on Energy and Commerce. |
| S. 4315: Hemp Safety Enforcement Act Sen. Rand Paul |
Would amend the Section 781 framework to allow qualifying states and Indian tribes to use their own hemp and hemp-derived cannabinoid definitions and exercise primary regulatory authority, subject to specified conditions including a minimum purchase age. It would take effect when Section 781 takes effect. | April 16, 2026 | Introduced Read twice and referred to the Senate Committee on Agriculture, Nutrition, and Forestry. |
The one-month partial extension is enacted law. Public Law 119-103 creates a two-date planning structure. November 12 still matters for the specified non-naturally-producible-cannabinoid clauses, while the broader Section 781 changes are temporarily held back until December 11.
For the state layer, use the Next Level Leaf state resources. For the broader federal and manufacturing framework, explore compliance resources and beverage manufacturing.
Federal hemp policy is still developing. If you want to share your own views, business experience, or questions with Congress, the official House and Senate tools below can help you find and contact the lawmakers who represent you. Next Level Leaf is providing these resources without prescribing a message or policy position.
House.gov can match your ZIP code to your current congressional district and link you to your Representative's website and contact page.
Senate.gov provides official contact information and links to contact forms for the senators who represent your state.
The Hemp Beverage Alliance operates a third-party advocacy Action Center for hemp-beverage issues. Its campaigns may promote specific policy positions, so review any message and decide whether it reflects your own views before participating.
Next Level Leaf can help with formula selection or development, THC dose, flavor, packaging, testing coordination, production, and scaling while you keep the federal and state requirements under review.
Government records are used for enacted law and formally introduced legislation. Published drafts, advocacy frameworks, and reporting are separately identified so readers can distinguish official legal status from active policy proposals.
Federal records were rechecked September 23, 2026. H.R. 6500 is enacted as Public Law 119-103. Section 2019 temporarily limits most Section 781 amendments until December 11 while the specified non-naturally-producible-cannabinoid clauses begin applying November 12. H.R. 10079, H.R. 9830, H.R. 7024 and the other standalone proposals remain pending. NLL did not locate the required FDA Section 781 cannabinoid-list or container publication through September 23. The Hemp Beverage Alliance is monitored as an industry advocacy source and is not used as controlling legal authority.
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