WATCH: Leading Hemp Advocate Reveals the Industry’s Biggest Legal Problem

The U.S. hemp industry has grown faster than its legal framework, and the gap between the two is creating uncertainty for brands, retailers and consumers.

For Drinks With Benefits, Dan Abrams sat down with Jonathan Miller, general counsel of the U.S. Hemp Roundtable, for a wide-ranging conversation about the legal challenges facing hemp today.

Miller is one of the most influential legal voices in hemp. In addition to serving as general counsel for the U.S. Hemp Roundtable, the industry’s leading advocacy organization, he is a partner at the law firm Frost Brown Todd and has played a central role in shaping hemp policy at both the federal and state levels. He has testified before lawmakers, advised regulators and worked with brands navigating an increasingly complex legal landscape.

Since the 2018 Farm Bill legalized hemp, policymakers and industry advocates have highlighted that federal regulation for many hemp-derived consumer products remains incomplete. Without a clear federal framework, states have enacted different rules for products like CBD and cannabinoid drinks, leading experts and stakeholders to describe the U.S. system as fragmented and uneven.

The conversation between Abrams and Miller arrives at a moment when shifting legislative language, court interpretations and regulatory hesitation have contributed to widespread confusion across the hemp marketplace. For an industry that spans agriculture, consumer packaged goods and compliance, that uncertainty can affect everything from product formulation and labeling to distribution and investment decisions.

The U.S. hemp industry is also navigating an impending federal ban on a wide range of hemp-derived products. In late 2025, Congress enacted changes to the federal definition of hemp that will take effect in November 2026, narrowing the definition to a “total THC” standard and excluding many cannabinoids and formulations currently sold nationwide.

Many have raised their flags about the consequences of this ban if it goes into effect, ranging from enormous financial implications to medical ones.

Not everyone is equally, concerned, however. Angus Rittenburg, co-founder of Wynk, a THC-infused beverage brand, actually characterized the ban as a blessing in disguise, noting that the ban will be temporary and could help the industry gain legitimacy.

To hear Miller’s full breakdown of the hemp industry’s biggest legal problem, watch the complete conversation below: