Senators Implore Congress to Protect Hemp-Derived THC Drinks

A selection of beverages containing hemp-based THC is on display at Kind Life Dispensary in Lincoln, Neb. on May 1, 2025. (Photo: AP Photo/Margery Beck)

On Tuesday, eight Democratic senators urged leadership to protect the future of hemp-derived THC products in the United States. Their letter follows on the heels of a long-unwinding debate over the 2026 Agriculture Bill, which initially included language banning hemp-derived flower, gummies and drinks containing cannabinoids.

According to the letter, the U.S. hemp industry currently supports 320,000 jobs, $28.4 billion in regulated market activity and some $1.5 billion in state tax revenue. Senators including Ron Wyden, D-OR and Cory Booker, D-NJ, say that the federal government should implement a regulatory framework for the market, rather than ban it outright.

“We agree that hemp-derived cannabinoid products, when left unregulated, present safety concerns. But the original language in the FY26 Agriculture-FDA Appropriations Bill […] recriminalized products currently prolific across the United States without any method to remove them from the stream of commerce,” the senators wrote.

The back-and-forth stems from the 2018 Farm Bill, which removed hemp, defined as cannabis with less than 0.3% THC by dry weight, from the national list of Schedule 1 substances. It was a watershed moment for an industry that had long relied on state-level marijuana laws.

Within a few short years, hemp-derived products began popping up on liquor and convenience store shelves across the nation. Among the most popular are hemp-derived sodas like Plift, which sells mildly intoxicating beverages in flavors like Tart Lime, Juicy Grapefruit and Crisp Ginger. Though states like Idaho and Arkansas have issued sweeping bans on the category, hemp-derived products remain widely available across much of the U.S.

The 2026 Agriculture Bill was initially slated to reverse that. Citing the “absence of regulatory framework” and “deceptive and predatory marketing towards children,” Sen. Mitch McConnell attached a section promising to ban hemp-derived cannabinoids containing more than 5 milligrams of CBD and .01 milligrams of THC. The language was removed from the bill at the end of July, following pushback from Sen. Rand Paul.

Democratic senators are now imploring Majority Leader John Thune and Minority Leader Chuck Schumer to oppose spending on future bills that recriminalize hemp-derived THC. As states like Texas continue to debate the legality of the category, senators fear that a ban may soon resurface on the Congress floor.

“By arbitrarily changing the definition of a crop to regulate finished products, Congress would effectively turn out the lights on America’s law-abiding hemp farmers and undermine ongoing work by our colleagues in authorizing committees and in states that have created regulatory frameworks for hemp products,” the senators added.

The letter includes a proposed framework for federal oversight. Senators suggest that the government restrict sales and possession to adults over the age of 21, eliminate “look-a-like” packaging that mimics popular brands, prohibit synthetic products and require third-party lab testing to ensure safety.