Track the enacted federal definition change, verified congressional proposals, official administration activity, FDA publication status, and practical implications for hemp beverage brands.
This page separates enacted law from pending legislation, agency activity, and Next Level Leaf editorial analysis. Unverified developments are not published.
Last reviewed: • Last updated: . Maintained by Next Level Leaf, a hemp beverage manufacturing and regulatory information resource. This page is informational and strategic in nature and is not legal advice.
Quick answer: On November 12, 2026, Section 781 of Public Law 119-37 changes which products qualify as hemp under federal law. The amended definition counts total tetrahydrocannabinols, expressly including THCA, and excludes a finished hemp-derived cannabinoid product containing more than 0.4 milligrams combined total per container of total tetrahydrocannabinols and other cannabinoids determined to have—or marketed as having—similar effects. A 5 mg beverage is 12.5 times the statutory threshold, and a 10 mg beverage is 25 times the threshold. Unless Congress changes the law first, products above the limit will no longer qualify as hemp under the federal definition beginning on that date.
As of July 11, 2026: Section 781 remains scheduled to take effect on November 12, 2026. The four bills tracked below remain at the introduced-and-referred stage, and none has passed either chamber. On June 24, 2026, Office of Management and Budget Director Russell T. Vought transmitted an official Administration request asking Congress to revise federal hemp regulation in a manner consistent with Amendment #54 offered to H.R. 8646 or, at minimum, extend implementation of Section 781. That request is a documented Administration position; it did not change the law. NLL has not located on FDA's public website the cannabinoid lists and container information Section 781 directed FDA to publish within 90 days. NLL monitoring assessment—not a prediction of congressional action: the Administration's request makes federal revision or delay a live issue, but brands should treat November 12 as the operative date unless and until Congress enacts a change.
NLL adds legislative and administrative developments to this tracker only after locating and reviewing the corresponding primary government document.
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.
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 after November 12 will depend on its composition and the scheduling, regulatory, and enforcement framework then in effect.
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 container-specific information. For the current public-search finding, see Current Federal Status.
Federal legislation last verified: July 11, 2026. A bill's introduction does not change enacted law. Each row links to the official Congress.gov record.
| Bill | What it would do | Introduced | Latest verified action |
|---|---|---|---|
| H.R. 7024 — Hemp Planting Predictability Act Rep. Jim Baird |
Would replace Section 781's 365-day implementation period with three years, moving the effective date to November 12, 2028. | January 13, 2026 | Introduced Referred to the House Committee on Agriculture. |
| S. 3686 — Hemp Planting Predictability Act Sen. Amy Klobuchar |
Senate bill with the same three-year implementation change. | January 15, 2026 | Introduced Read twice and referred to the Senate Committee on Agriculture, Nutrition, and Forestry. |
| 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 it 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. 6209 — American Hemp Protection Act of 2025 Rep. Nancy Mace |
Would repeal Section 781 effective November 12, 2025. | November 20, 2025 | Introduced Referred to the House Committee on Agriculture. |
If Section 781 takes effect unchanged, a finished beverage above the per-container threshold will no longer qualify as federal hemp on November 12, 2026. Brands should also monitor carriers, payment processors, insurers, lenders, distributors, and retail chains, which may set their own risk policies before the statutory date.
For the state layer, use the Next Level Leaf state resources. For the broader federal and manufacturing framework, explore compliance resources and beverage manufacturing.
Next Level Leaf helps brands plan for multiple regulatory outcomes through product scoping, formulation scenario planning, testing documentation, low-MOQ production options, and state-by-state regulatory information.
The links below are the public primary-source record supporting the legal and legislative statements on this page.
Federal legislation and FDA public-site publication status last reviewed July 11, 2026.
