Is hemp THC legal? The Farm Bill explained

Last reviewed: November 7, 2026. Federal hemp rules are changing and we update this page when they do. This page explains the law in plain English. It is not legal advice.

What the 2018 Farm Bill says

The Agriculture Improvement Act of 2018, better known as the 2018 Farm Bill, defined hemp as the plant Cannabis sativa L. and its parts, extracts and cannabinoids, with a delta-9 THC concentration of no more than 0.3% on a dry weight basis. It also took hemp out of the federal definition of marijuana. The Congressional Research Service summarizes both points in its September 2026 brief on hemp.

That rule only looked at delta-9 THC, and only as a percentage of weight. A 12oz drink weighs about 360 grams, so a few milligrams of THC is a tiny fraction of its weight. On the lab report for one of our 10mg Mojito cans, delta-9 THC measured 0.0026% of the drink. That is how hemp-derived THC drinks and gummies became a national category.

What changes under the 2025 law

Section 781 of the agriculture funding law that ended the 2025 government shutdown (Public Law 119-37, signed November 12, 2025) replaces the hemp definition. In plain English, it does three things:

1. Total THC, not just delta-9. The 0.3% limit counts total THC, including THCA, not delta-9 alone.
2. A per-container cap for finished products. A final hemp-derived cannabinoid product is no longer hemp if it holds more than 0.4 milligrams combined of total THC and similar cannabinoids per container. The CRS brief describes "container" as the innermost packaging in direct contact with the product. For a drink, that is the can.
3. No synthetics. Cannabinoids the plant cannot make naturally, or that were synthesized outside the plant, are excluded from hemp.

A product that fails these tests stops being hemp under federal law. The law also asks the FDA to publish lists of which cannabinoids count. CRS reported that those lists had not been published as of September 28, 2026.

When the changes take effect

Date	What happens
December 20, 2018	2018 Farm Bill signed: hemp means 0.3% delta-9 THC or less, dry weight.
November 12, 2025	Public Law 119-37 signed, with the new hemp definition in Section 781.
September 2, 2026	Public Law 119-103 (H.R. 6500) signed. Section 2019 limits the new definition, until December 11, 2026, to products with cannabinoids that are not naturally produced by the plant.
November 12, 2026	The synthetic and not-naturally-occurring cannabinoid exclusions apply.
December 11, 2026 (scheduled)	The rest of the new definition is scheduled to apply, including total THC and the 0.4mg per container cap. Government funding under the same law also runs to this date.

The date has already moved once, inside a government funding bill. Funding under that bill runs to the same day, December 11, 2026, so the next funding bill is an obvious place for Congress to change the hemp rules again.

What Congress is considering

The CRS brief lists bills that would change the outcome. They fall into four groups:

• Delay: H.R. 7024, H.R. 7010 and S. 3686 would push the effective date out by two years.
• Repeal: H.R. 6209 would undo the definition changes.
• Different limits: S. 2112 would raise the delta-9 THC limit to 1%, H.R. 9830 would allow up to 1% total THC, and S. 4315 would defer to state hemp definitions.
• Regulation: H.R. 7212, H.R. 9830, H.R. 10079 and S. 3474 would create federal frameworks for hemp-derived cannabinoid products, with rules on testing, labeling and age limits.

None of these had become law when we last reviewed this page. We would welcome federal rules for hemp THC drinks: 21+ only, independent lab testing, clear milligrams on every can and no synthetics. We already work that way.

State laws come first in practice

Federal law sets the outer limit, and states can be stricter. Some states allow hemp THC drinks with conditions, some cap the dose per serving, some only allow sales in licensed stores, and some ban them. For example, Louisiana law limits a consumable hemp beverage to 5mg of THC per serving, with a serving of at least 12 ounces, and no more than four containers in a package (La. R.S. 3:1483).

Little Rick ships to 42 states. We don't ship to Alaska, Delaware, Hawaii, Idaho, Kansas, New Hampshire, South Dakota, Washington, Washington DC, US territories or military addresses. If you're not sure about your state, see THC drinks near me for your state's page, or ask your state's hemp or cannabis regulator.

What "hemp-derived" means on a Little Rick can

Every Little Rick drink uses delta-9 THC extracted from hemp, the same THC molecule found in marijuana, plus CBD. Our 5mg cans pair 5mg THC with 10mg CBD in a 12oz can. Each batch is tested by an independent lab, and you can read the certificates on our lab results page. If you have never read one, our guide to reading a hemp THC lab report walks through a real one line by line.

Hemp-derived or not, it is still THC. It can make you feel high, it can show up on a drug test (see do THC drinks show on a drug test?) and you should never drive after drinking one. Little Rick is for adults 21 and over.

New to the category? Our 5mg vs 10mg vs 25mg strength guide explains which can to start with, or browse the 5mg THC drinks.

FAQ

Is hemp THC federally legal right now?

Yes, with conditions. Under the 2018 Farm Bill definition, hemp products with 0.3% delta-9 THC or less by dry weight are legal federally. Since November 12, 2026, products made with cannabinoids the plant can't produce naturally are excluded. The rest of the new definition, including the 0.4mg per container cap, is scheduled for December 11, 2026 unless Congress changes it.

What is the 0.3% rule?

It is the line between hemp and marijuana. Under the 2018 Farm Bill, hemp has no more than 0.3% delta-9 THC by dry weight. The 2025 law keeps the 0.3% figure but applies it to total THC, including THCA.

What does 0.4mg per container mean for THC drinks?

Under the 2025 law, a finished hemp product with more than 0.4mg of total THC per container would no longer be hemp. For a drink, the container is the can. A 5mg THC drink holds more than twelve times that amount.

Is delta-9 from hemp different from delta-9 from marijuana?

No. It is the same molecule. The legal difference comes from the plant it is extracted from and how much THC the product contains, not from the THC itself.

What does the FDA say about THC drinks?

The FDA's position, last updated in July 2024, is that adding THC or CBD to food and drinks sold across state lines is a prohibited act under the Food, Drug, and Cosmetic Act. The 2025 hemp law asks the FDA to publish lists of cannabinoids, which had not appeared by late September 2026.

Can I buy hemp THC drinks in every state?

No. States set their own rules, and several ban or restrict hemp THC drinks. Little Rick ships to 42 states and you must be 21 or older to buy.

Sources

1. Agriculture Improvement Act of 2018, Public Law 115-334 (enacted December 20, 2018), Section 10113, hemp definition at 7 U.S.C. 1639o: congress.gov. Accessed November 7, 2026.
2. Public Law 119-37, Division B, Section 781 (signed November 12, 2025), govinfo.gov: full text. Accessed November 7, 2026.
3. H.R. 6500, Continuing Appropriations and Extensions Act, 2027, Section 2019 and Section 106 (enrolled bill; signed September 2, 2026 as Public Law 119-103), govinfo.gov: enrolled text. Accessed November 7, 2026.
4. Congressional Research Service, "Changes to the Statutory Definition of Hemp and Implications for Agricultural Policy," IF13136, updated September 28, 2026: report.
5. Hemp Law Group, "Federal Hemp Ban 2026: Where Things Stand": article. Accessed November 7, 2026.
6. U.S. Food and Drug Administration, "FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD)," content current as of July 16, 2024: page.
7. Louisiana Revised Statutes 3:1483(B)(6)(b), consumable hemp beverages: statute. Accessed November 7, 2026.
8. New Bloom Labs certificate of analysis, Little Rick Mojito 10mg THC, batch LRMLD910LOT02, completed April 24, 2026: on our lab results page.