Written by For businesses selling hemp-derived THC products, another possible federal fix is getting attention in Washington. Whether that fix arrives, and which products it protects, remains uncertain.
Recent reporting from MJBizDaily suggests lawmakers could revisit hemp legislation after the November midterm elections. Industry advocates are expressing optimism, but the discussions point toward a more regulated market, with different treatment for different products.
For manufacturers, wholesalers and retailers, the question is becoming more specific: Will the products your business makes or sells qualify under whatever Congress ultimately passes?
A Possible Fix Is Still a Proposal
MJBizDaily reports that CBD products appear to have stronger support on Capitol Hill, while the future of THC beverages, gummies, inhalable products and other categories remains less certain.
The potential conditions discussed include product testing, accurate labeling, manufacturing standards, age restrictions and packaging requirements designed to protect children. Those discussions should not be read as a final agreement or a guarantee that existing products will remain on the market.
A business selling several types of hemp products could therefore face several different outcomes. Relief for one category would not necessarily resolve the status of the rest of its inventory.
Hemp Beverages Could Face an Alcohol Style Framework
One proposal worth watching is the Beverage Regulatory Parity Act, introduced by Representatives Beth Van Duyne and Greg Landsman in August.
According to its sponsors, the legislation would establish a three-tier distribution structure for hemp beverages, along with federal permitting, testing, labeling and advertising requirements. It would also impose a nationwide minimum purchase age of 21 and a federal excise tax based on the amount of intoxicating THC.
The proposal preserves states’ ability to impose additional restrictions or prohibit hemp beverages altogether. Federal legislation would therefore not necessarily create permission to sell the same product in every state. These provisions remain proposed requirements, rather than an enacted national framework.
For beverage businesses, that proposal offers a useful indication of the direction some lawmakers favor: continued market access accompanied by more formal oversight of the supply chain.
The December Deadline Still Matters
Most of the federal hemp definition changes are scheduled to take effect December 11, 2026. However, the Congressional Research Service explains that provisions excluding products containing cannabinoids that cannot be naturally produced by the cannabis plant remain scheduled for November 12, 2026. Businesses should not assume the December extension applies to every product.
Roll Call reports that Representative Morgan Griffith has discussed combining hemp regulation with tax provisions through the budget reconciliation process. That is a possible legislative route, with procedural and political hurdles still ahead.
What Businesses Should Be Doing Now
Waiting for Congress is understandable. Building purchasing and production decisions around an anticipated rescue is a much larger gamble.
Businesses should review which products generate their revenue, what cannabinoids those products contain, and which upcoming deadlines could affect them. Supplier agreements also deserve attention, particularly provisions addressing returns, regulatory changes and responsibility for inventory that can no longer be sold.
For beverage brands, this is also a good time to evaluate whether existing testing records, labeling practices and distribution arrangements could support a more regulated market.
Congress may provide another path forward. Until legislation is enacted, businesses need to plan around the law in place and understand how a change could affect their particular products.
Harrington Beverage Law assists hemp manufacturers, distributors and retailers with licensing, product compliance and the business implications of changing federal and state requirements.
Last modified: November 3, 2026
