Advocates say the change would devastate the growing hemp industry created after its federal legalization.
A last-minute provision tucked into Congress’ budget bill could make THC-infused beverages, including popular hemp-based seltzers, federally illegal within a year.
The measure, part of the Continuing Appropriations and Extensions Act, 2026 (H.R. 5371), would redefine hemp and cap total THC content at 0.4 milligrams per container, effectively outlawing most products currently on the market.
That includes THC seltzers — drinks that have surged in popularity as an alcohol alternative since the 2018 Farm Bill legalized hemp-derived products. Many brands, such as Flavor Pixels, typically contain 5 to 10 milligrams
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